Europäisches Strafrecht nach dem Vertrag von Lissabon: Macht die Reform den Weg frei?

2021 ◽  
Author(s):  
Grazyna Marina Plump
Keyword(s):  
Criminal Law ◽  
Academic Community ◽  
Point Of View ◽  
Democratic Deficit ◽  
Eu Law ◽  
Legal Basis ◽  
Vertrag Von Lissabon ◽  
Criminal Matters ◽  
European Criminal Law ◽  
The Eu

This study deals with a topic that has been matter of debate among the academic community for some time: The competences of the EU in Criminal Law. With the current EU law after Lisbon the basic academic criticism of European Criminal Law, especially the prominent objection of a democratic deficit, is being scrutinized. Thereafter the analysis deals with the EU’s legislative powers in criminal matters. The competences with regard to the harmonization of Criminal Law are examined as well as the EU’s legislative power to define offences via regulations. The work relates the analysis of the current legal basis of European Criminal Law to the fundamental criticism that is voiced especially from the point of view of democratic theory.

scholarly journals A legitimacy-based approach to EU criminal law: Maybe we are getting there, after all

2020 ◽  
Vol 11 (1) ◽  
pp. 20-39
Author(s):  
Kimmo Nuotio
Keyword(s):  
European Union ◽  
Social Theory ◽  
Criminal Law ◽  
Criminal Policy ◽  
Point Of View ◽  
Eu Law ◽  
Member States ◽  
Strong Emphasis ◽  
European Criminal Law ◽  
The Eu

European Union (EU) law is known for its strong emphasis on effectivity and more generally for its instrumental character. This is not foreign even to European criminal law, a feature which creates some tension between the EU criminal law and criminal law in the national setting. EU Framework Decisions and Directives often require the Member States to criminalize certain forms of conduct with sanctions that are ‘Effective, Dissuasive and Proportionate’. In this article, I try to show that it would be timely to look at EU criminal law from an alternative point of view, as a more mature law. I call this a legitimacy-based approach. Such a reading would ease some of these tensions. It would also be helpful in developing a criminal policy for the EU, a policy which would be realistic and pragmatic. And it would be easier to look at EU criminal law from the point of view of justice. In order to get there, we need to see where the (current) narrow deterrence argument gets is wrong or one-sided. Some social theory is needed in order to make the point.

scholarly journals Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

2016 ◽  
Vol 8 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Leandro Mancano
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Eu Law ◽  
Member States ◽  
Court Of Justice ◽  
Fundamental Freedoms ◽  
Criminal Matters ◽  
Penal Sanctions ◽  
The Impact ◽  
European Criminal Law

Abstract European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

scholarly journals Multilayered criminal policy: The Finnish experience regarding the development of Europeanized criminal justice

2020 ◽  
Vol 11 (1) ◽  
pp. 7-19
Author(s):  
Raimo Lahti
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Culture ◽  
Point Of View ◽  
Law Reform ◽  
Eu Law ◽  
Procedural Law ◽  
Sanction Policy ◽  
European Criminal Law

The article examines the development towards a multilayered criminal policy in Europe on the basis of the Finnish experience. Three basic trends are noticeable from that point of view: Scandinavization of Finnish criminal and sanction policy; the influence of human and basic rights on the Finnish legal culture and criminal procedural law; and the effects of constitutional, human rights and EU law obligations on the Finnish criminal law reform. In addition, the challenges arising from Europeanization and internationalization of criminal law and criminal justice are analysed. In the concluding remarks, Finnish and Scandinavian criticism is expressed in relation to the unification of European criminal law, in favour of ‘united in diversity’.

What Principles Drive (or Should Drive) European Criminal Law?

2010 ◽  
Vol 11 (10) ◽  
pp. 1115-1130 ◽  
Author(s):  
Ester Herlin-Karnell
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Transition Period ◽  
Lisbon Treaty ◽  
Eu Law ◽  
New Era ◽  
The Core ◽  
The Future ◽  
European Criminal Law ◽  
The Eu

The entry into force of the Lisbon Treaty has changed the framework and possibilities of the development of European Union (EU) criminal law. Gone is the long-lived and awkward cross-pillar character of EU criminal law, as mainly a third pillar EU ‘intergovernmental’ issue but also partly a first (EC) pillar question. The Lisbon Treaty marks a new era for the criminal law as it brings it within the core of the EU law project. Nevertheless, Article 10 of the transitional protocol as attached to the Lisbon Treaty stipulates a five-year transition period before former third pillar instruments will be treated in the same way as EU acts. This paper will focus on two issues in particular. The first question that will be addressed concerns what EU law principles drive or decide the EU's involvement in criminal law. After having identified these principles the second question is whether they should drive it and if so what implications will it have for the criminal law in the future.

scholarly journals Fundamental rights and punishment: Is there an EU perspective?

2019 ◽  
Vol 10 (1) ◽  
pp. 17-27
Author(s):  
Anabela Miranda Rodrigues
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Fundamental Rights ◽  
Criminal Sanctions ◽  
Principle Of Proportionality ◽  
Criminal Matters ◽  
European Criminal Law ◽  
The Eu

Taking fundamental rights into account means a limitation of repression, as an instance of the principle of proportionality or principle of necessity, of criminal intervention. The need to design European Union (EU) criminal law in compliance with the principle of proportionality is especially clear in the post-Lisbon stage, in view of the strengthening and expansion of the EU’s competence to legislate on criminal matters, enshrined in Article 83 of the Treaty on the Functioning of the EU. This article aims at analysing the terms in which European criminal law respects the aforementioned principle of proportionality of punishment and translates an EU perspective in the field of criminal sanctions.

scholarly journals Multilingualism, Divergent Authentic Versions of a Legal Rule and Legitimate Expectations Of Individuals

2016 ◽  
Vol 45 (1) ◽  
pp. 141-159 ◽  
Author(s):  
Rafał Mańko
Keyword(s):  
Member State ◽  
Criminal Law ◽  
Legal Rule ◽  
Legal Order ◽  
Point Of View ◽  
Official Language ◽  
Eu Law ◽  
Legitimate Expectations ◽  
The Right ◽  
The Eu

Abstract The paper argues that the multilingualism of the EU legal order should be viewed from the point of view of the right of individuals to acquaint themselves with the their rights and duties under EU law in the official language of their Member State. In case of discrepancies of equally authentic versions, individuals should have the possibility to rely on an ‘authentic version’ defence, especially in tax, customs and criminal law relationships.

Title XX Environment

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Policy Making ◽  
Environmental Law ◽  
Case Law ◽  
Legal Basis ◽  
Common Concern ◽  
Law And Policy ◽  
Dense Set ◽  
The Eu

The environment does not respect man-made borders, and is of common concern and interest of all mankind. As such, it is an area that merits and requires cross-border law and policy making par excellence. This should be reflected in the strong role played by the EU, which has a firm Treaty mandate and duty to protect the environment, features a rich body of case law, and boasts a dense set of secondary legislation. The very good reasons for this notwithstanding, it remains a remarkable development considering the absence of any reference to the environment in the original Treaties. Although a programme for action in this area was soon adopted in 1973, only in the 1986 SEA was an environmental legal basis introduced. Much of the initial environmental acquis was therefore developed by the Commission, the Council, and later the EP on the basis of other Treaty provisions, such as (now) Articles 114, 115, and 352 TFEU. EU environmental protection also owes a debt to the ECJ, which included it in the legitimate objectives on the basis of which MS could derogate from the free movement provisions. The Court has interpreted the provisions of EU environmental law generally in a protective manner, and endorsed the use of criminal law for the effective enforcement of EU environmental legislation.

3. Decision-making and democracy in the EU

2020 ◽  
pp. 61-87
Author(s):  
Sylvia de Mars
Keyword(s):  
Decision Making ◽  
Financial Crisis ◽  
Transition Period ◽  
Democratic Deficit ◽  
Eu Law ◽  
Democratic Government ◽  
Decision Making Processes ◽  
Big Events ◽  
The Uk ◽  
The Eu

This chapter analyses what EU academics have termed the ‘democratic deficit’ in the EU. In EU law, the concept of the ‘democratic deficit’ is used to classify the EU as a system that may hold some of the qualities of a democratic government, but is lacking others. The chapter then investigates just how much ‘democracy’ exists in the EU decision-making processes. There are those who claim that the EU will never be democratic, and those who argue that the EU actually does not suffer from true shortcomings. The chapter evaluates both of those claims, and considers if recent big events in the EU — such as the ratification of the Lisbon Treaty, and the so-called Eurozone financial crisis — impact upon the debate. It also looks at the nature of Brexit during the Withdrawal Agreement's transition period, as well as the future relationship between the UK and the EU.

People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK

2009 ◽  
Vol 11 ◽  
pp. 189-210
Author(s):  
John R Spencer
Keyword(s):  
Criminal Law ◽  
Final Section ◽  
Framework Decision ◽  
Eu Legislation ◽  
The Third ◽  
History Of ◽  
Academic Network ◽  
The Uk ◽  
European Criminal Law ◽  
The Eu

Abstract This chapter examines the efforts in Europe and and the UK to deal with the problem of people-trafficking. As readers will see, it is in five Sections. The first sets the scene by explaining what ‘people-trafficking’ is, and outlining the history of international attempts to repress it and to relieve its human consequences. The second describes the recent legislative attempts to deal with it in Europe, and in particular, the EU Framework Decision of 2002. The third examines the UK legislation enacted with the aim—not entirely accurate, as we shall see—of implementing it. The fourth looks at the way the UK legislation is working. And the final section concludes with two general reflections. It is based on a study carried out in 2007 for ECLAN, the European Criminal Law Academic Network. Any reader who reaches the end with a thirst for further knowledge will find further refreshment in the book that resulted from the ECLAN study, which was published earlier this year.

“Environmental Crime in Europe” by Andrew Farmer, Michael Faure and Grazia Maria Vagliasindi (eds.)

elni Review ◽  
2018 ◽  
pp. 28-28
Author(s):  
Nicola Below
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Environmental Crime ◽  
Point Of View ◽  
Implementation Study ◽  
The European Union ◽  
Union Action ◽  
Eu Project ◽  
The Eu

The book “Environmental Crime in Europe” by the editors Andrew Farmer, Michael Faure and Grazia Maria Vagliasindi is the second edited volume of the the EU-project “European Union Action to Fight Environmental Crime" (EFFACE). The book is a follow-up to the results of the research strand of EFFACE dealing with actors, instruments and institutions involved in the fight against environmental crime and goes beyond a mere technical implementation study. The aim of this collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States, from a technical and practical point of view. This article reviews the book.

Sign in / Sign up

Export Citation Format

Share Document