The Legitimacy of EU Criminal Law

The Legitimacy of EU Criminal Law
Author: Irene Wieczorek
Publisher: Bloomsbury Publishing
Total Pages: 272
Release: 2020-07-09
Genre: Law
ISBN: 1509919767

This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

Legitimacy and Trust in Criminal Law, Policy and Justice

Legitimacy and Trust in Criminal Law, Policy and Justice
Author: Nina Peršak
Publisher: Routledge
Total Pages: 205
Release: 2016-04-22
Genre: Law
ISBN: 1317105850

Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.

EU Criminal Law and Policy

EU Criminal Law and Policy
Author: Joanna Beata Banach-Gutierrez
Publisher: Routledge
Total Pages: 274
Release: 2016-07-28
Genre: Law
ISBN: 1317427610

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

Legitimizing European Criminal Law

Legitimizing European Criminal Law
Author: Merita Kettunen
Publisher: Springer Nature
Total Pages: 278
Release: 2019-11-08
Genre: Law
ISBN: 3030161749

The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.

Research Handbook on EU Criminal Law

Research Handbook on EU Criminal Law
Author: Valsamis Mitsilegas
Publisher:
Total Pages: 0
Release: 2024-12-28
Genre: Law
ISBN: 9781800886421

This thoroughly revised second edition provides an advanced analysis of EU criminal law as a structurally and constitutionally distinct policy area and field of research. EU criminal law is one of the fastest evolving and most challenging fields of law and this Research Handbook contains new and substantially updated chapters to assess recent legislative developments and CJEU case law. Bringing together a diverse array of leading experts, the Research Handbook delves into key topics such as the normative legitimacy of EU criminal law, e-Evidence Regulation and data protection, as well as the less visible effects of AI and mass surveillance. Engaging both theoretical and practical perspectives, the Research Handbook also surveys the external dimension of EU criminal law. The Research Handbook on EU Criminal Law continues to be a fundamental resource for students and scholars of law, in particular EU criminal law, international law, procedural law and constitutional and administrative law. National and EU policymakers, as well as judges, defence lawyers and human rights lawyers will similarly find the analysis of current legal action, combined with proposed solutions, useful to their work.

The Principle of Legality in European Criminal Law

The Principle of Legality in European Criminal Law
Author: Christina Peristeridou
Publisher:
Total Pages: 0
Release: 2015
Genre: Criminal law
ISBN: 9781780683577

This book develops a theory for the principle of legality in European criminal law. Its focus is on the legitimising and normative functions of this principle.

EU Criminal Law and Justice

EU Criminal Law and Justice
Author: Maria Fletcher
Publisher: Edward Elgar Publishing
Total Pages: 251
Release: 2010-01-01
Genre: Law
ISBN: 1848443889

. . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.

The Future of EU Criminal Justice Policy and Practice

The Future of EU Criminal Justice Policy and Practice
Author: Jannemieke Ouwerkerk
Publisher: BRILL
Total Pages: 275
Release: 2019-03-27
Genre: Law
ISBN: 9004367373

In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

EU Criminal Law

EU Criminal Law
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
Total Pages: 364
Release: 2009-03-16
Genre: Law
ISBN: 1847314945

EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Research Handbook on EU Criminal Law

Research Handbook on EU Criminal Law
Author: Valsamis Mitsilegas
Publisher: Edward Elgar Publishing
Total Pages: 659
Release: 2016-03-25
Genre: Law
ISBN: 1783473312

EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work