scholarly journals Better Regulation in European Criminal Law : Assessing the Contribution of the European Parliament

2014 ◽  
Author(s):  
Wouter Van Ballegooij
Keyword(s):  
Criminal Law ◽  
European Parliament ◽  
Better Regulation ◽  
European Criminal Law

Strengthening Environmental Protection through European Criminal Law

2007 ◽  
Vol 4 (3) ◽  
pp. 213-220
Author(s):  
Helge Elisabeth Zeitler
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
European Commission ◽  
Criminal Law ◽  
European Parliament ◽  
Environmental Crime ◽  
Institutional Setting ◽  
The European Union ◽  
European Level ◽  
European Criminal Law

AbstractEnvironmental crime has been a topic discussed in international fora for many years. In February 2007, the European Commission presented a proposal for a Directive on Environmental Crime. This is not the first legislative instrument in the area at the level of the European Union. But for reasons that go far beyond the environmental content of this proposal, its discussion in the Council, which was taken up in March 2007 under the German Presidency, will be most controversial and of particular interest not only to environmental lawyers.' The following article aims at providing some background on the fight against environmental crime at the international and European level by giving an overview over the content of the draft directive (I) with a focus on particularly controversial aspects (II) and finally looking at the institutional setting in which discussion of the proposal will take place in the Council and in the European Parliament (III).

Colonial Criminal Law and Other Modernities

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Legal History ◽  
Historical Study ◽  
The Subject ◽  
Nineteenth And Twentieth Centuries ◽  
Traditional Approaches ◽  
European Criminal Law

This chapter reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth centuries. It examines several ways of naming and framing the subject matter, along with ways of ‘covering’ it along a set of by now fairly well-established narrative paths that generally reflect a quietly reassuring Whiggishness. It then lays out an alternative, two-track, conception of ‘modern’ European criminal legal history. It does this by taking an upside-down—or outside-in—view of the subject, by focusing on an understudied, but fascinating, project of European criminal law: the invention, implementation, and evolution of colonial criminal law.

scholarly journals Kazne u Francuskom krivicnom zakoniku od 1810. godine

Forum ◽  
2019 ◽  
Vol 1 (1-2) ◽  
pp. 87-107
Author(s):  
Milica Marinkovic
Keyword(s):  
Detailed Analysis ◽  
Criminal Law ◽  
Original System ◽  
Penal Code ◽  
Penal System ◽  
Practical Application ◽  
Old Regime ◽  
Further Development ◽  
European Criminal Law ◽  
Partial Division

The author in the paper analyzes the penal system of the French Penal Code of 1810 (Code pénal de 1810), bearing in mind the influence this Code and its penal system had on the further development of French and European substantial criminal law. The fact that the Napoleonic Penal Code of 1810, with its later modifications and additions, remained in force for 184 years, speaks in favor of this. In this paper the penal system of the Code of 1810 is exhibited according to the original system of the Code. The tri‐partial division of both criminal acts and penalties was a novelty in the European criminal law. Given the fact that this was a Code promulgated 21 years after the Bourgeois revolution, the author compares the penal system of this Code to the penal system of the first revolutionary Penal code of 1791, but also with penalties that were used in the “Old regime” (Ancien régime). Based on the data published in bills and literature, the author gives a detailed analysis of all penalties contained in the Penal Code of 1810. Thereby, the key criminological problems caused by the practical application of these penalties is pointed out.

scholarly journals The problematic scope of extended confiscation in comparative perspective

2019 ◽  
Vol 52 ◽  
pp. 119-133
Author(s):  
Ariadna H. Ochnio
Keyword(s):  
European Union ◽  
The Netherlands ◽  
Criminal Law ◽  
European Parliament ◽  
Comparative Perspective ◽  
Eu Law ◽  
The European Union ◽  
England And Wales ◽  
Normative Framework ◽  
Proceeds Of Crime

The scope of extended confiscation is determined, inter alia, by the choice of triggering offences in Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The question arises whether EU law guarantees appropriate limits of extended confiscation considering its specificity and the growing range of application in national legal orders. The study compared the normative framework of extended confiscation adopted in the criminal law of Poland, Romania, Germany, Austria, France, Spain, Finland, the Netherlands, and England and Wales. The list of offences, relevant for the scope of extended confiscation, is to be assessed by the Commission by 4 October 2019. The conclusions of the study concern the need to introduce, at the level of EU law, adequate safeguards against the disproportionate application of extended confiscation.

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