Aufklärung, Aufsicht und Ahndung

2021 ◽  
Author(s):  
Michelle Poller
Keyword(s):  
European Union ◽  
Financial Market ◽  
Capital Market ◽  
European Law ◽  
Criminal Proceedings ◽  
European Union Law ◽  
Supervisory Authority ◽  
Procedural Law ◽  
Criminal Matters

The statutory model constitutes BaFin not only as a capital market supervisory authority, but also as an auxiliary authority providing preliminary investigations in criminal matters. This interlocking of supervisory and criminal proceedings conflicts with fundamental and constitutional guarantees. The problem is not unknown, but it has arisen anew as a result of the comprehensive financial market amendment of 2016/17 based on European law. The author elaborates the ambivalent role of the BaFin and analyzes the amended procedural law of the WpHG while comparing it to criminal procedural law. The result is measured against the standard of European Union law, with the focus of her analysis on the freedom from self-incrimination.

Is There Anything Left of the Portuguese Law Implementing the GDPR?

2020 ◽  
pp. 125-139
Author(s):  
Graça Canto Moniz
Keyword(s):  
European Union ◽  
Data Processing ◽  
Data Protection ◽  
Legislative Process ◽  
European Union Law ◽  
General Data Protection Regulation ◽  
Supervisory Authority ◽  
General Data ◽  
The Law

The entry into force of the General Data Protection Regulation (GDPR) was expected to cause difficulties to data controllers and data processors mostly due to the practical consequences of the accountability principle and the role of risk. However, in Portugal, there were supplementary problems triggered by two events: the long legislative process of the national law implementing the GDPR and the decision of the national supervisory authority to disapply nine provisions of it. In August 2019, the Portuguese Parliament adopted the law implementing the GDPR, Law 58/2019, and one month later, the Portuguese supervisory authority, Comissão Nacional de Proteção de Dados, decided that nine articles of the recently adopted national law were incompatible with European Union Law. This chapter aims to address this chain of events, to understand the reasoning behind the decision of the Portuguese authority, and to tackle its practical consequences to day-to-day data-processing activities of data controllers and data processors. Overall, it also aims to evaluate what is left of the national piece of legislation after this decision.

scholarly journals Ściganie karne w Unii Europejskiej przed i po Traktacie z Lizbony – wybrane zagadnienia

2019 ◽  
Author(s):  
Michał Toruński ◽  
Filip Gołba
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Prosecution ◽  
The European Union ◽  
Criminal Proceedings ◽  
European Union Law ◽  
Judicial Cooperation ◽  
Before And After ◽  
Legislative Activities ◽  
Criminal Matters

Current legislative activity of the European Union performed under Title V, Chapter 4 of the Treaty on the Functioning of the European Union: “Judicial cooperation in criminal matters” is part of a wider process of internationalisation of criminal law. It shows a paradigm shift of this branch of law, which until now has, fi rst and foremost, been a product of national legal systems. The article discusses selected issues concerning the regulation of criminal prosecution under European Union law. Due to the fact that the present shape of this regulation is the result of a long process of numerous legislative activities as well as various non-legislative forms of international cooperation, the article is not limited to the discussion of the current state of the criminal prosecution in the EU, but takes into account the historical emergence of various institutions, both before and after the establishment of the European Union. Its fi rst part presents the historical development of instruments designed to cope with crime, which the European Community and then the European Union had at their disposal. This part has two objectives: to describe the diffi culties encountered when the fi rst attempts to coordinate the fi ght against crime at the European level were undertaken and to show the signifi cance of the progress that has been made in this area in recent years. After that, selected issues concerning the harmonisation of rules governing the procedural rights of suspects and defendants in criminal proceedings are discussed. The issue of minimum standards relating to penalties is also raised. The concluding part of the article assesses, whether the path of internationalization of criminal law chosen by the Member States in the post-Lisbon reality is justifi ed.

scholarly journals Linguistics Difficulties in Harmonisation of European Union Law: The Example of Directives on Procedural Guaranties in Criminal Matters

2021 ◽  
Vol 46 (1) ◽  
pp. 65-89
Author(s):  
Agata de Laforcade
Keyword(s):  
European Union ◽  
Positive Influence ◽  
Criminal Proceedings ◽  
European Union Law ◽  
Legal Concept ◽  
Legal Writing ◽  
Multilingual Writing ◽  
Criminal Matters ◽  
Complex Subject

Abstract Multilingual writing of European directives is faced with a few linguistic difficulties, like choosing an appropriate legal terms. All linguistic versions shall reflect the same content event though the legal system of each Member State is different and some legal concept do not have an equivalent in other legal systems. In this way, legal writing of European Directive is a very complex subject both from legal and linguistic perspective. The aim of this article is to discuss different linguistics difficulties that could appear during the harmonisation of criminal proceedings in European Union, where multilingualism is a key value and to analyse the possible solutions, when dealing with those difficulties. It seems that even if multilingualism is a big challenge to European Union, it could have a positive influence on the quality of European legislation.

Comparative Law and European Union Law

2019 ◽  
pp. 523-556
Author(s):  
Sir Francis Jacobs
Keyword(s):  
European Union ◽  
Comparative Law ◽  
Case Law ◽  
Public Law ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
European Court ◽  
Union Model

This chapter discusses three primary roles of comparative law in EU law. First, comparative law is used in the making and application of European law: for example, in the crafting and interpretation of European legislation and in the case law of the European Court of Justice. Second, European law has exerted a significant influence on other legal systems. A third role of comparative law relates to questions about the very nature of European law: how it is to be classified, or whether it is a novel form of ‘transnational law’. Civil and common law systems are also considered in relation to comparative law, along with the ‘components’ or ‘sources’ of European law: treaty provisions and constitutional principles, EU legislation, general principles of law, international law, and case law of the Court. The chapter concludes with an overview of the distinction between private law and public law, a comparison of EU and federal systems, and a survey of other transnational systems inspired by the European Union model.

External Factors of Big Business Transformation in Russia

2005 ◽  
pp. 72-89 ◽  
Author(s):  
Ya. Pappe ◽  
Ya. Galukhina
Keyword(s):  
Financial Market ◽  
Capital Market ◽  
Business Groups ◽  
External Factors ◽  
Big Business ◽  
Business Transformation ◽  
Global Standards ◽  
The World ◽  
Principal Subject

The paper is devoted to the role of the global financial market in the development of Russian big business. It proves that terms and standards posed by this market as well as opportunities it offers determine major changes in Russian big business in the last three years. The article examines why Russian companies go abroad to attract capital and provides data, which indicate the scope of this phenomenon. It stresses the effects of Russian big business’s interaction with the world capital market, including the modification of the principal subject of Russian big business from integrated business groups to companies and the changes in companies’ behavior: they gradually move away from the so-called Russian specifics and adopt global standards.

The Role of National Constitutional Courts in European Democracy

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
Economic Liberalization ◽  
Democratic Legitimacy ◽  
European Law ◽  
The European Union ◽  
Constitutional Courts ◽  
European Court ◽  
European Democracy ◽  
And Function

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.

scholarly journals Crimination and Solution of Criminal Matters in the Criminal Proceedings of Bosnia and Herzegovina - a Division Between Normative and Actual

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Sadmir Karović ◽  
Marina M. Simović
Keyword(s):  
Bosnia And Herzegovina ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Criminal Matter ◽  
Criminal Offense ◽  
Procedural Law ◽  
Procedural Task ◽  
Standards Of Proof ◽  
Criminal Matters ◽  
Practical Nature

In this paper, the central part presents the solution of the criminal-procedural task, that is, the clarification and solution of a specific criminal matter in criminal proceedings of Bosnia and Herzegovina by criminal-law entities, with special attention to restrictive legal conditions of a criminal-procedural nature, as well as certain problems and dilemmas of a practical nature. The extremely dynamic development of modern criminal procedural law in the last two decades is also characterized by the adoption of new criminal procedural solutions with a pronounced tendency of humanization, which directly relates to the catalog of the rights of the suspect or accused person. In order to understand the nature of the criminal proceedings, the conceptual determination and differentiation of the criminal matter as the main subject of the criminal proceedings was made to the criminal matter in an unfair and fair sense, with reference to the practical aspect of the efficient conduct of the criminal proceedings and the illumination and settlement of the criminal matter, respecting the standards of proof. Given the nature of the criminal proceedings, in addition to the criminal matter as the main case, other secondary or ancillary issues are included which do not constitute a criminal offense but relate to the criminal matter (property claim, so-called prejudicial or preliminary issues and costs of the proceedings).

How to Find European Law – a Basic Introduction

2009 ◽  
Vol 9 (2) ◽  
pp. 89-99 ◽  
Keyword(s):  
European Union ◽  
Information Management ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
Legal Information ◽  
Law Making

AbstractThis article by John Furlong is an updated and revised version of an article originally authored by John Furlong and Susan Doe and published in Legal Information Management 2006, 6(2) Summer 2006 and covers in some detail the basic sources for researching European Union law. It also gives some background on the growth of the European Union and its law making.

Termination of Criminal Proceedings in Public Criminal Cases by Courts of First Instance Under Art. 24, Para. 1, Item 5 of the Bulgarian Code of Criminal Procedure and Its Compliance with European Union Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Debora Valkova-Terzieva ◽  
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
The European Union ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
European Union Law ◽  
Member States ◽  
The Subject

The subject of this research is a specific prerequisite for the termination of criminal proceedings in public criminal cases, regulated in Article 24, Paragraph 1, Item 5 of the Bulgarian Code of Criminal Procedure. This analysis was necessitated by the fact that the European Union had introduced certain obligations for the Member States.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

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