scholarly journals Saudade of the constitution: The relationship between constitutional and criminal law in the European context

2019 ◽  
Vol 10 (1) ◽  
pp. 28-33
Author(s):  
Adán Nieto Martín
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Constitutional Law ◽  
Case Law ◽  
Constitutional Courts ◽  
European Context ◽  
European Union Countries ◽  
The Subject ◽  
Principle Of Proportionality ◽  
The Relationship

This article examines the relationship between the constitution and criminal law. The relationship between criminal law and constitutional law has been the subject of much attention by doctrine in several European Union countries. However, in view of the jurisprudence of the Constitutional Courts and the European Courts, they have not served to constitute an effective limit for the legislator. In particular, the article examines the case law relating to the principle of proportionality.

Constitutional Principles and Criminal Law

1993 ◽  
Vol 27 (1-2) ◽  
pp. 84-99 ◽  
Author(s):  
Mordechai Kremnitzer
Keyword(s):  
Criminal Law ◽  
Human Dignity ◽  
Judicial Review ◽  
Constitutional Law ◽  
Human Beings ◽  
New Era ◽  
Basic Law ◽  
Penal Law ◽  
The Subject ◽  
The Relationship

The enactment of Basic Law: Human Dignity and Freedom marks the beginning of a new era in Israeli law. This is a fitting opportunity to sketch an initial outline for the relationship between the constitution and the substantive criminal law, and the effect of constitutional principles on penal law. The truth be told, the constitutional principles already existed prior to the enactment of the Basic Law. And if, for example, we examine Prof. Feller's approach to criminal law, we cannot but be impressed by the highly developed constitutional element. Nevertheless, Basic Law: Human Dignity and Freedom does provide an excellent excuse for addressing the subject. Moreover, its enactment paves the way for certain interpretive changes in Israeli penal law, and because it allows for judicial review of the legislature of the future, some clarification is called for as to the limits of legislative power in the field of criminal law in light of fundamental constitutional principles.Basic to constitutional law and criminal law is a shared image of human beings. It is a conception of human beings as “morally” autonomous, with the basic faculty to understand reality and distinguish right from wrong, able to contribute to developing social norms and to understand and internalize them, competent to decide how to act and capable of realizing that decision.

scholarly journals Preobražaji ustavnog prava na početku dvadeset prvog veka

2021 ◽  
pp. 20-31
Author(s):  
Bertrand Gicquel
Keyword(s):  
European Union ◽  
Eighteenth Century ◽  
Constitutional Law ◽  
The Political ◽  
The European Union ◽  
Political Climate ◽  
Constitutional Courts ◽  
Majoritarian Democracy ◽  
The Enlightenment ◽  
The Subject

The text analyzes the transformations of constitutional law as a university subject and legal field in France and Europe. It begins with the Enlightenment in the second half of the eighteenth century. However, the evolution of the subject was rather checkered: due to its political nature, constitutional law was abolished and reinstated, depending on the political climate. There was neither a linear development nor consistant content as a university subject. It was first studied as institutional law, but then fell under the auspices of political science, only to be positivized after the establishment of constitutional courts. The term constitution also underwent transformation, no longer confined to merely organizing governance, but ordering all of society. While the field of application of the constitution expanded, it was undermined by strengthening individualism and communitarism. Predicaments also arose regarding the possibility of existence of a constitution without or outside the state, specifically in the context of the European Union. Finally, the text notes that the ideological use of the term democracy obscures the fact that majoritarian democracy might possibly be obsolete, and that other forms of legitimacy are gaining in significance.

scholarly journals The Relationship between EU Law and Fundamental Principles of Estonian Substantive Criminal Law

2021 ◽  
Vol 30 ◽  
pp. 174-182
Author(s):  
Kaie Rosin
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Case Law ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Principle Of Legality ◽  
The Relationship ◽  
The Eu

Although the EU lacks explicit competence to harmonise national principles of criminal law, there are many ways in which EU law and national criminal law are interconnected on a level deeper than mere minimum standards adopted from directives. The article analyses these intersections between EU law and fundamental principles of Estonian substantive criminal law, explaining how the principles of criminal law recognised and interpreted in the case law of the Court of Justice of the EU and covered by the Charter of Fundamental Rights of the European Union exhibit the capacity to affect fundamental principles of Estonian substantive criminal law. The article focuses on five principles specific to substantive criminal law, which are derived from the fundamental principles of the Estonian Constitution and have equivalents in human-rights law: the principle of legality of criminal law, the principle of retroactive application of the more lenient criminal law, proportionality, ultima ratio, and the principle of individual guilt. The analysis demonstrates that the relationship between EU law and the various principles of substantive criminal law is not uniform because the principles of substantive criminal law are not developed evenly at European Union level.

Is German Religionsverfassungsrecht under threat from the European Union?

2020 ◽  
Vol 9 (1) ◽  
pp. 1-27
Author(s):  
Peter Unruh
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
Case Law ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
Labour Relations ◽  
Court Of Justice ◽  
Religious Associations ◽  
The Relationship

Abstract Two recent judgments of the Court of Justice of the European Union (CJEU) raise fundamental questions about the relationship between European Union Law and German religious constitutional law. This article outlines the German constitutional context for the law of labour relations within religious associations before considering those judgments in detail. The article argues that in its approach to religious occupational requirements and loyalty obligations the case law of the CJEU risks bringing about a fundamental change in German religious constitutional law. This is in breach of the terms of membership of Germany in the European Union and contrary to European law itself.

scholarly journals Kompetencja instytucji Unii Europejskiej do ustanawiania i kształtowania norm prawa karnego materialnego

2018 ◽  
pp. 107-119
Author(s):  
Georgi Gruew
Keyword(s):  
European Union ◽  
Criminal Law ◽  
European Parliament ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
The Subject ◽  
The Creation ◽  
Principle Of Proportionality ◽  
The Eu

The paper focuses on the competence of the European Parliament and the EU Council to adopt directives in the area of substantive criminal law provided in Articles 83 and 84 of the TFEU, which confirm the earlier ECJ rulings on the subject. The competence granted to those institutions also ensure greater effectives of the adopted directives in combating serious crimes within the European Union. The creation of certain ‘emergency brakes’ and application of the principle of proportionality taking into account the fundamental principles of criminal law systems of individual Member States, has enabled the EU institutions to establish common definitions of most serious crimes.

scholarly journals Environmental Production Efficiency in the European Union Countries as a Tool for the Implementation of Goal 7 of the 2030 Agenda

Energies ◽  
2021 ◽  
Vol 14 (15) ◽  
pp. 4593
Author(s):  
Katarzyna Cheba ◽  
Iwona Bąk
Keyword(s):  
European Union ◽  
Production Efficiency ◽  
Energy Use ◽  
The European Union ◽  
2030 Agenda ◽  
European Union Countries ◽  
Taxonomic Methods ◽  
Development Levels ◽  
The Relationship ◽  
The Eu

The main purpose of the paper is to present a proposal to measure the relationships between Goal 7 of the 2030 Agenda for Sustainable Development and one of the areas considered in the green growth concept: environmental production efficiency. Both of these areas illustrate the relationship between the natural environment and the economy, emphasizing transformations in the field of energy use. Selected taxonomic methods, TOPSIS, and multicriteria taxonomy, were applied to study the relationships between the two areas. The results of the EU countries classification showed a variety of countries’ development pathways within a single economic community. Despite continued attempts to equalize the development levels between European Union countries in many strategic areas, they remain highly diversified. That is also true for the areas analyzed in the paper, which is a disturbing situation, indicating that both strategies might not correlate in all respects. Further research into the relationships linking the remaining dimensions of both strategies is required.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

Migrants and healthcare within the European Union

2011 ◽  
Vol 1 (1) ◽  
pp. 61-72
Author(s):  
Raluca Nagy
Keyword(s):  
European Union ◽  
Local Population ◽  
Healthcare Systems ◽  
Health Problems ◽  
The European Union ◽  
European Context ◽  
The Relationship ◽  
Migrant Groups

Abstract The investigation of migration can help us understand how the types of migration interact with each other as well as with the various local/national ‘immobilities’. Migrants pose special challenges to healthcare systems, in their origin as well as destination countries. Available data on this topic, following EU interests and policies, focuses on health problems of vulnerable migrant groups, often directed exclusively to issues that can affect the local population. This paper aims to set some explanatory contexts when it comes to the relationship between migration and healthcare within the European context.

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