scholarly journals Forensic psychiatry in Europe

2007 ◽  
Vol 31 (11) ◽  
pp. 421-424 ◽  
Author(s):  
Harvey Gordon ◽  
Per Lindqvist
Keyword(s):  
European Union ◽  
Forensic Psychiatry ◽  
Antisocial Behaviour ◽  
The European Union ◽  
Mentally Disordered Offenders ◽  
Council Of Europe ◽  
Member States ◽  
Mentally Disordered ◽  
Mutual Knowledge ◽  
Definition Of

The European Union now includes 27 member states. The Council of Europe stretches even further with 45 member states. A comprehensive definition of Europe geographically embraces all of Eastern Europe, including the western part of Russia and the western part of Turkey. Increasing mobility and national cooperation within Europe requires enhancing mutual knowledge and understanding of the context of evaluation and treatment of mentally disordered offenders and similar individuals who manifest antisocial behaviour and violence. A recent study confined to the previous 15 member states of the European Union provides a useful baseline for subsequent European comparisons (Salize & Dressing, 2005).

scholarly journals Contradictions in Frontex Operations: the Push-back

2020 ◽  
Vol 20 (4) ◽  
pp. 85-92
Author(s):  
Gábor Kemény ◽  
Michal Vít
Keyword(s):  
European Union ◽  
Human Rights ◽  
Influencing Factors ◽  
Fundamental Rights ◽  
Organisational Structure ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.

Forensic psychiatry training in Europe

2013 ◽  
Vol 10 (03) ◽  
pp. 181-187 ◽  
Author(s):  
N. Woolfenden ◽  
N. Nedopil ◽  
P. J. Taylor
Keyword(s):  
European Union ◽  
Mental Disorder ◽  
Forensic Psychiatry ◽  
Common Ground ◽  
Medical Model ◽  
Antisocial Behaviour ◽  
The European Union ◽  
Criminal Courts ◽  
Extended Training ◽  
Risk Assessment And Management

SummaryEurope wide it is acknowledged that when mental disorder leads to dangerous criminal actions, as it occasionally does, the criminal courts may require expert clinical opinions. Provision of such expertise in itself requires training, but it also leads to a need for further response in the form of appropriate service provision for offenders found to have mental disorder in this context. In most countries some specialist training is required to meet these needs and, in a few, extended training has led to development of a recognised speciality of forensic psychiatry. We consider what it means to be a forensic psychiatrist in the European Union context. Defined by common ground in the medical model, full specialty recognition and training follows from three years of specialist teaching and experience in relationships between mental disorder and antisocial behaviour, assessment, care and treatment of offenders with mental disorder, risk assessment and management and prevention of victimisation. Consideration of such issues is important because the European Union (EU) considers that people who are recognised as specialists in one member country stand as specialists in any other. Furthermore, patients may also move between countries. International training collaboration within the EU appears to achieve more than simple knowledge transfer.

Resolution 2300 (Council of Eur. Parl. Assembly)

2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
Eu Directive ◽  
The Eu

This Resolution was adopted in October 2019 following a report of the Committee on Legal Affairs and Human Rights. It has to be seen in the context of previous Council of Europe activity on this topic as well as the European Union (EU) Directive on the protection of persons who report breaches of Union law. The content of the EU Directive was agreed earlier in 2019 and EU Member States are obliged to transpose it into national legislation by December 2021.

Transitions: Refugees and Natives

2013 ◽  
Vol 20 (2) ◽  
pp. 179-197
Author(s):  
Patricia Tuitt
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Member States ◽  
European Directive ◽  
The Status ◽  
Place Of Origin ◽  
Definition Of

European Directive 2004/83 (the ‘Qualification Directive’) limits claims for asylum to those refugees coming from outside of the European Union. This provision institutionalises a long established practice in which member states of the European Union are presumed to be safe countries of origin and safe countries of asylum. This article argues that the European Union could not have come into being without producing refugees. With reference to the definition of refugee enshrined within Article 1.A (2) of the Convention Relating to the Status of Refugees1 and the jurisprudence surrounding one key qualifying element of the definition – persecution – the article seeks to explore how the international law governing the status of refugee has been deployed to deny that the European Union is a place of origin of refugees.

scholarly journals Misuse of Contactless Payment Cards with Radio-Frequency Identification

2020 ◽  
Vol 14 (2) ◽  
pp. 259-274
Author(s):  
Libor Klimek
Keyword(s):  
European Union ◽  
Radio Frequency ◽  
Radio Frequency Identification ◽  
The European Union ◽  
Rfid Technology ◽  
Member States ◽  
Cross Border ◽  
Payment Cards ◽  
Frequency Identification ◽  
Definition Of

Counterfeiting of means of payment is one of European crimes. The Treaty on the Functioning of the European Union lists counterfeiting of means of payment as one of the areas of particularly serious crime with a cross-border dimension. At the European Union level a brand-new legislative instrument harmonising counterfeiting of means of payment has been adopted – the Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment. This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the areas of fraud and counterfeiting of non-cash means of payment. Moreover, it facilitates the prevention of such offences, and the provision of assistance to and support for victims. The Directive is addressed to the Member States of the European Union. They shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31st May 2021.The contribution deals with criminalisation of the misuse of contactless payment cards with Radio-Frequency Identification (RFID) technology. It is divided into three sections. The first section focuses on definition of Radio-Frequency Identification and payment cards with Radio-Frequency Identification. The second section focuses in detail on a new European Union approach to combat counterfeiting of means of payment addressed to its Member States – i.e. the Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment. The last third section is focused on non-legislative prevention possibilities.

How to Assess the Effectiveness of the Pan-European General Principles of Good Administration

2020 ◽  
pp. 55-77
Author(s):  
Ulrich Stelkens ◽  
Agnė Andrijauskaitė
Keyword(s):  
European Union ◽  
Case Law ◽  
Administrative Law ◽  
Legal Order ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
National Legislation ◽  
The Impact

This chapter discusses the approach used in this book to assess the effectiveness of the pan-European general principles of good administration in harmonizing the domestic administrative law of the Member States of the Council of Europe with regard to the ‘limiting function’ of administrative law. It explains the criteria justifying the choice of the twenty-eight Member States included in the research and the exclusion of the others. It gives reasons why the research is not extended to the impact of these principles on the (supranational) legal order of the European Union. Finally, it explains the methods used by the national experts to assess the impact and effectiveness of the pan-European general principles of good administration in their respective legal orders, i.e. the so-called paths of reception, namely through national legislation, through administrative self-commitments, and through national case law referring to and directly applying these principles as standards of review.

scholarly journals Progressive turnover-based tax systems and EU state aid law: Case C-562/19 P Commission v. Poland and Case C-596/19 P Commission v. Hungary

2021 ◽  
pp. 1023263X2110614
Author(s):  
Yasmine L. Bouzoraa ◽  
Justin Lindeboom
Keyword(s):  
European Union ◽  
State Aid ◽  
The European Union ◽  
Legal Certainty ◽  
Tax System ◽  
Member States ◽  
Fiscal Autonomy ◽  
Court Of Justice ◽  
Tax Systems ◽  
Definition Of

In Commission v. Poland (C-562/19) and Commission v. Hungary (C-596/19) the Court of Justice of the European Union ruled that progressive tax systems based on turnover do not by definition provide selective advantages to undertakings with lower turnovers in violation of EU state aid law. The European Commission had declared a Polish tax on retailers and a Hungarian tax on advertisement incompatible with Article 107(1) TFEU because the progressive, turnover-based taxes favoured undertakings with smaller turnovers over those with larger turnovers. The General Court annulled both Commission decisions because such advantages were inherent to the content and objectives of the general tax system, which was for Poland and Hungary to define. The Court of Justice dismissed the appeals by the Commission, affirming that Member States are free, in line with their fiscal autonomy, to opt for a progressive and/or turnover-based tax system. While turnover-based corporate taxation may have market-distortive effects, the Court was right to dismiss the Commission's appeals. The principles of fiscal autonomy and legal certainty require an assessment of selectivity in light of Member States’ own definition of the content and objectives of their tax systems.

Legal frameworks and key concepts regulating diversion and treatment of mentally disordered offenders in european union member states

2007 ◽  
Vol 22 (7) ◽  
pp. 427-432 ◽  
Author(s):  
Harald Dressing ◽  
Hans Joachim Salize ◽  
Harvey Gordon
Keyword(s):  
European Union ◽  
Mentally Ill ◽  
Criminal Responsibility ◽  
Mentally Ill Offenders ◽  
Mentally Disordered Offenders ◽  
Member States ◽  
Mentally Disordered ◽  
Eu Member States ◽  
Legal Frameworks ◽  
European Union Member States

AbstractBackgroundThere is only limited research on the various legal regulations governing assessment, placement and treatment of mentally ill offenders in European Union member states (EU-member states).AimsTo provide a structured description and cross-boundary comparison of legal frameworks regulating diversion and treatment of mentally disordered offenders in EU-member states before the extension in May 2004. A special focus is on the concept of criminal responsibility.Methodinformation on legislation and practice concerning the assessment, placement and treatment of mentally ill offenders was gathered by means of a detailed, structured questionnaire which was filled in by national experts.ResultsThe legal regulations relevant for forensic psychiatry in EU-member states are outlined. Definitions of mental disorders given within these acts are introduced and compared with ICD-10 diagnoses. Finally the application of the concept of criminal responsibility by the law and in routine practice is presented.ConclusionLegal frameworks for the processing and placement of mentally disordered offenders varied markedly across EU-member states. Since May 2004 the European Union has expanded to 25 member states and in January 2007 it will reach 27. With increasing mobility across Europe, the need for increasing trans-national co-operation is becoming apparent in which great variation in legal tradition pertains.

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