§ 7. The Influence of European Law on Domestic Substantive Criminal Law

2012 ◽  
pp. 97-145
Author(s):  
Helmut Satzger
Keyword(s):  
Criminal Law ◽  
European Law

scholarly journals Sexual Orientation and Gender Identity as Penalizing Criteria of Hate Speech

2020 ◽  
Vol 40 (1) ◽  
pp. 91-108
Author(s):  
Filip Mateusz Ciepły
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Supreme Court ◽  
Criminal Law ◽  
Hate Speech ◽  
Criminal Responsibility ◽  
European Law ◽  
Legal Doctrine ◽  
And Gender

The article contains arguments raised in Polish discussion on the problem of sexual orientation and gender identity as penalizing criteria of hate speech. The Author points out regulations of Polish criminal law providing conditions of criminal responsibility for hate speech and binding criteria of the penalization, draft amendments in this area presented in recent years, as well as Polish legal doctrine or Supreme Court reviews referred to the issue. The background of the analyzes are provisions of international and European law as well as selected European states.

Pengaruh Adat dalam Hukum Keluarga terhadap Pembaruan Hukum Nasional

2019 ◽  
Vol 2 (1) ◽  
pp. 73-87
Author(s):  
Melani Diah Sekar Puri ◽  
Ridwan Arifin
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Family Law ◽  
Customary Law ◽  
European Law ◽  
Unitary State ◽  
National Legal System ◽  
Customary Laws

Indonesia as Unitary State consists of various kinds of tribes, customs, and even religions. The legal system adopted in Indonesia is not only civil or criminal law, but also mulually related religious and customary laws. Until recent years, Indonesia still uses European law as the national law and still try to make the customary law to be a national law. In fact, the implementation of European law is considered incompatible with the soul of the Indonesian people, especially in the the case family law. This paper seeks to uncover customary influences and effects in the development of family law in the national legal system.

International Legal Studies V

2021 ◽  
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Legal Education ◽  
Autonomous Driving ◽  
European Law ◽  
Insolvency Law ◽  
Legal Studies ◽  
Economic Law ◽  
Present Volume ◽  
European Criminal Law

The present volume, being a consequence to the ELPIS network members' variety, follows the tradition of its predecessors in dealing with various questions of European law (including more specific questions of European legal education) whereby questions of the Union's Economic Law, more specifically in the context of the topics of insolvency law, autonomous driving, ship dismantling and certain effects of European criminal law are analysed. It also deals with issues of human rights due to differing views on society, which are in particular characterized by realism; the latter can also be found (and heard) in "legalistic" works by a contemporary of Stahl, Johann Strauss' Father (1804-1849) and his descendants. With contributions by Prof. Dr. Caroula Argyriadis-Kervegan, Prof. Dr. Christian Becker, Robert Brockhaus, Prof. Dr. Dr. h.c.mult. Hilmar Fenge, Prof. Dr. Claas Friedrich Germelmann, Ludmilla Graz, Lena Gumnior, Prof. Dr. Bernd Oppermann, Dr. Dimitrios Parashu, Prof. Dr. Vasco Pereira da Silva and Prof. Dr. Armelle Renaut Couteau.

Introduction to the legal system

2021 ◽  
pp. 67-74
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Primary Sources ◽  
European Law ◽  
General Introduction ◽  
System P ◽  
The Status ◽  
The Difference

This chapter provides a general introduction to the legal system. It explains the court structure in England. It sets out the primary sources of law: statute and common law. It also explores the difference between civil law and criminal law, and how different kinds of cases can be brought arising from the same set of facts. It also considers the status of European Law following Brexit.

Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument

2018 ◽  
Author(s):  
Katalin Ligeti ◽  
John Vervaele ◽  
André Klip
Keyword(s):  
Criminal Law ◽  
Regulatory Mechanism ◽  
Mutual Recognition ◽  
Policy Debate ◽  
European Law ◽  
Legislative Action ◽  
Criminal Matters ◽  
The University ◽  
Conflicts Of Jurisdiction ◽  
The Eu

This edited volume is based on the European Law Institute's project, 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg. The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law. Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition. Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fully-formed models for legislative action, coupled with extensive analysis of related themes.

scholarly journals DAMPAK KAPITULASI TERHADAP PERADILAN TURKI UTSMANI

2019 ◽  
Vol 18 (02) ◽  
pp. 49
Author(s):  
Asa'ari Asa'ari
Keyword(s):  
Ottoman Empire ◽  
Criminal Law ◽  
European Law ◽  
North African ◽  
African Region ◽  
The North ◽  
Tax Relief ◽  
Leadership Crisis ◽  
Monetary Shock ◽  
Economic Technology

Abstract: The Ottoman Empire stood above Sharia’s Islam, which at first was only a sultanate and then its power expanded to the gates of Vienna (Austria), the North African region, Arabia and its territory to Aceh Darussalam. The Legal Capitulation Treaty was favorable in the heyday, because traders were stimulated to carry out activities in the Ottoman ports, especially in Istanbul. Significant increase in the country's foreign exchange, so that large activities are carried out without any monetary shock. After a leadership crisis, this legal capitulation agreement has been fruitful. More and more foreign consuls, expanded treaties and sharia judgments began to lose function because many Christian citizens and Jews who had never known the French, British and other European countries had taken refuge behind the Capitulation agreement which had privileges in tax relief, immune from civil or criminal law. This led to the secularism of Ottoman law which contained European law material. There is an uncontrolled Tanzimat, it should only be in the field of military and economic technology and strategy but has penetrated the judicial system and legal material. Which ends with the loss of Ottoman sovereignty.

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