scholarly journals FORMING A GROUP FOR THE PURPOSE OF COMMITTING CRIMINAL OFFENCES AS A CONTEMPORARY THREAT TO DEMOCRATIC SOCIETIES – NEW CHALLENGES IN THE PROCESS OF ACCESSION OF THE REPUBLIC OF SERBIA TO THE EUROPEAN UNION

TEME ◽  
2020 ◽  
pp. 1029
Author(s):  
Ivan Đokić ◽  
Dragana Čvorović
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Organized Crime ◽  
Modern Society ◽  
The European Union ◽  
Criminal Offence ◽  
State Response ◽  
Legal Texts ◽  
New Challenges ◽  
The Republic

The views of the contemporary criminal law doctrine have been emphasizing the importance of finding adequate criminal legal instruments of state response to organized crime for more than a decade, primarily bearing in mind the danger this form of crime poses to the contemporary, democratic society. The adequacy of the state response to organized crime requires a number of instruments that should be effective in the strategic field, in the field of ratified international documents, amended legal texts, which in the future would contribute to an even more effective fight in the field of detecting, proving and conducting proceedings for organized criminal offences. Taking into account the degree of danger of organized crime to modern society, including the criminal offence of forming a group for the purpose of committing crimes, it is necessary to react in all the fields mentioned above, especially with regard to the process of accession to the European Union.The authors analyse the legal characteristics of the criminal offence of forming a group for the purpose of committing criminal offences, which is one of the basic types of criminalisation associated with organized crime. The authors also analyse the normative and practical measures that are a prerequisite for a more effective fight against organized crime and an important stepping stone on Serbia’s path to the European Union.

scholarly journals CONFISCATION OF CRIMINAL PROCEEDS IN THE EUROPEAN UNION CRIMINAL LAW

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Mihaela Agheniţei
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Organized Crime ◽  
Role Models ◽  
Local Communities ◽  
The European Union ◽  
Financial Systems ◽  
Negative Role ◽  
Proceeds Of Crime

AbstractThe confiscation of proceeds of crime has long been seen within the European Unionand beyond as an important tool in the armory of weapons to fight organized crime. Therationale for focusing on the confiscation of criminal proceeds is at least two- fold. First itaddresses concerns that enormous criminal wealth, generated most notably by various formsof trafficking offences, risks destabilizing financial systems and corrupting. As such theconfiscation of criminal assets seeks ultimately to reduce and prevent crime by making knownthat criminals will not be allowed to legitimate society. Second it attempts to undermine the“raison d'être” behind most organized crime activity, namely the maximization of profit byillicit means. As such the confiscation of criminal assets seeks ultimately to reduce andprevent crime by making known that criminals will not be allowed to enjoy their illicit wealth.By the same token, focusing on confiscation of criminal wealth can send an importantmessage by removing negative role models from local communities.

scholarly journals The Reform of the Albanian Legal System Between Challenges and Problems, With Particular Focus on the Criminal Justice Issues

2021 ◽  
Vol 10 (6) ◽  
pp. 248
Author(s):  
Ersi Bozheku ◽  
Enida Bozheku
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Criminal Law ◽  
Legal System ◽  
Justice System ◽  
The European Union ◽  
Critical Issues ◽  
The Face ◽  
Criminal Procedure Law ◽  
The Republic

This article aims to carry out an analysis of the problems affecting the legal system, with particular reference to the criminal law and criminal procedure law, of the Republic of Albania. We will start from a rapid reconstruction of the Albanian system in a historical key to understand its peculiarities, to move on to the most significant steps in its evolution. At a later stage we will try to highlight the critical issues that have arisen not only on the level of criminal law, but also on the cultural one. The reasons that led to the 2016 constitution reform and then to the subsequent reforms that changed the face of the country's legal system will be highlighted. Will be highlighted. The news, the improvements and the problems related to the knowledge of the law and above all to the ability to create a law capable of being systematic. In this perspective, we will try to understand the reasons that still leave many perplexities on the Albanian reform path. the improvement of the justice system represents the central point for Albania to successfully undertake the path of accession to the European Union.   Received: 15 August 2021 / Accepted: 6 October 2021 / Published: 5 November 2021

The “Struggle” to Dissolve the Kosovo Specialist Chambers in The Hague: Stuck between Constitutional Text and Mission to Pursue Justice

2021 ◽  
Vol 20 (3) ◽  
pp. 548-575
Author(s):  
Avni Puka ◽  
Fisnik Korenica
Keyword(s):  
European Union ◽  
Criminal Law ◽  
International Criminal ◽  
Fundamental Rights ◽  
International Criminal Law ◽  
The European Union ◽  
The Hague ◽  
The Republic ◽  
The Eu

Abstract The Kosovo Specialist Chambers (KSC) manifest the first effort of the European Union to participate in an international criminal law project by running a hybrid criminal tribunal, vested with jurisdiction to investigate the Parliamentary Assembly of the Council of Europe’s Marty Report. The KSC is entrusted with a mandate originating in a number of legal instruments. A “termination clause” is also present in the Constitution of the Republic of Kosovo. The Specialist Constitutional Chamber has recently ruled on an amendment discreetly activating the termination of the KSC. The Chamber’s decision outlawing “the amendment” manifests an attempt to reinforce the constitutive nature of the EU’s proprietorship over the KSC, attaching to it an international personality detached from that of Kosovo. The decision contends that the “power to dissolve” the KSC is basically vested with the EU, and Kosovo’s internal law cannot affect that relationship unilaterally. The article argues that the strong adherence of the Chamber’s decision on fundamental rights is an attempt to expose the victim-rights-centered mission of the KSC, clearly leaning towards a legitimacy rather than a legalistic exercise. The article concludes that the decision will have ample effect on the EU’s responsibility over the KSC, the nature of the “power to dissolve”, and the KSC’s mission in the European fundamental rights landscape in general.

scholarly journals SOCIAL INNOVATION CONCEPT AND IMPLEMENTATION IN THE EUROPEAN UNION AND IN THE REPUBLIC OF LITHUANIA

2018 ◽  
Vol 1 (8) ◽  
pp. 42 ◽  
Author(s):  
Skaidrė Žičkienė ◽  
Teodoras Tamošiūnas
Keyword(s):  
European Union ◽  
Social Problems ◽  
Social Innovation ◽  
Innovation System ◽  
Modern Society ◽  
The European Union ◽  
Society Business ◽  
Research And Innovation ◽  
Non Governmental Organizations ◽  
The Republic

The aim of the paper is to disclose the importance of social innovation and generalize innovation promotion policy in the European Union, assessing the actual situation in Lithuania. The need for social innovation is inevitable as different social problems touch modern society. Business, governments, non-governmental organizations have distinct roles and encourage social innovation in different ways, but political will and financial possibilities can lead to great changes. The policy of promoting innovation in Lithuania is in line with the provisions of EU documents, however, in the general innovation system context, little attention is paid to social innovation. Following the evaluation of Lithuania’s performance of the research and innovation system, it has been determined that the indicators which were evaluated as weaknesses are primarily related to social problems

scholarly journals TOWARDS MINIMUM PROCEDURAL GUARANTEES FOR THE DEFENCE IN CRIMINAL PROCEEDINGS IN THE EU

2011 ◽  
Vol 60 (4) ◽  
pp. 1017-1038 ◽  
Author(s):  
Laurens van Puyenbroeck ◽  
Gert Vermeulen
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Democratic Rule ◽  
Constitutional System ◽  
The Eu

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented.1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it:[I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EU's criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe.2

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