Journal articles: 'European criminal law'

1

Hildebrandt, Mireille. "European criminal law and European identity." Criminal Law and Philosophy 1, no. 1 (November 11, 2006): 57–78. http://dx.doi.org/10.1007/s11572-006-9006-x.

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Mitsilegas, Valsamis. "European Criminal Law and the Dangerous Citizen." Maastricht Journal of European and Comparative Law 25, no. 6 (December 2018): 733–51. http://dx.doi.org/10.1177/1023263x18821276.

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This article will examine the impact of the Europeanization of punishment, and of criminal justice in general, on the focus of criminal law on dangerousness and on dangerous citizens, rather than on harm and facts. It argues that the EU criminal law is part of a growing global trend pushing towards preventive criminal justice, namely the exercise of state power in order to prevent future acts that are deemed to constitute security threats, which at EU level is problematic in terms of fundamental rights and citizenship rights. The article argues EU criminal law is contributing to three main shifts: a shift from an investigation of acts that have taken place due to an emphasis on suspicion, a shift from targeted action to generalized surveillance, or, underpinning both, a temporal shift from the past to the future. It develops this argument looking at administrative terrorist sanctions, criminalization of terrorist acts, mass surveillance and expulsion of convicted criminals.

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Fazil Mammadova, Nigar. "ENVIRONMENTAL CRIMINAL LAW IN THE EUROPEAN UNION." SCIENTIFIC WORK 52, no. 03 (February 28, 2020): 100–103. http://dx.doi.org/10.36719/aem/2007-2020/52/100-103.

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Murshetz, Verena. "The Future of Criminal Law within the European Union - Union Law or Community Law Competence?" Victoria University of Wellington Law Review 38, no. 1 (March 1, 2007): 145. http://dx.doi.org/10.26686/vuwlr.v38i1.5661.

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Recent developments regarding criminal matters within the European Union (EU) show a trend towards a supranational criminal competence, which could be realised before the entry into force of the European Constitution whose future is uncertain. The strongest indicators in this development are two judgments of the European Court of Justice (ECJ), one that extends the powers of the European Community (EC) over the protection of the environment through criminal sanctions and the other applying the principle of conforming interpretation to framework decisions . This trend is questionable though, as the Treaty of the European Union (TEU) does not confer a criminal competence upon the EC. The third pillar containing criminal matters is intergovernmental in nature. This article critically discusses the recent trend and presents arguments against an implied supranational criminal law within the EU.

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Reding, Viviane. "European Criminal Law Review (EuCLR)." European Criminal Law Review 1, no. 1 (June 1, 2011): 4–5. http://dx.doi.org/10.5235/219174411798862686.

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CIUCA, Aurora. "European Criminal Law Book Review." European Journal of Law and Public Administration 5, no. 2 (December 30, 2018): 210–12. http://dx.doi.org/10.18662/eljpa/58.

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Mitsilegas, Valsamis. "European Criminal Law After Brexit." Criminal Law Forum 28, no. 2 (May 26, 2017): 219–50. http://dx.doi.org/10.1007/s10609-017-9314-y.

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Di Landro, Andrea. "Models of Environmental Criminal Law, Between Dependence on Administrative Law and Autonomy." European Energy and Environmental Law Review 31, Issue 5 (October 1, 2022): 272–97. http://dx.doi.org/10.54648/eelr2022019.

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The article intends to analyse the pluses and minuses of traditional environmental criminal law’s dependence on administrative law. The two possible forms of integration between criminal and administrative law, i.e., the so-called ‘purely accessory’ and ‘partially accessory’ models, are evaluated from a comparative perspective, while also considering the European Directive 2008/99/European Community (EC) on the protection of the environment through criminal law, and the new proposal for a Directive, replacing the previous one, put forward by the European Commission in December 2021. Followed by a reflection on the different model of environmental criminal law, autonomous from administrative law (also called the ‘purely criminal’ model: a model that should be associated with the purely accessory one and the partially accessory one). models of the environmental criminal law, eco-crimes, environmental criminal law’s dependence on administrative law, purely accessory model, autonomy of environmental criminal law from administrative law, European Directive 2008/99/EC on environmental crimes, European Commission proposal (2021) for a new ‘Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC’

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Rynkowski, Michał. "Religion in Criminal Law." Ecclesiastical Law Journal 11, no. 1 (December 10, 2008): 104–6. http://dx.doi.org/10.1017/s0956618x09001756.

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The twentieth Annual Congress of the European Consortium for Church and State Research was held in Järvenpää in Finland, on the subject of Religion in Criminal Law. It was held at the Training College of the Evangelical-Lutheran Church, hosted by and ceremonially opened by Matti Repo, Bishop of the Evangelical-Lutheran Church of Finland, Joni Hiitola from the Ministry of Education and Professor Sophie van Bijsterveld, President of the European Consortium.

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Vervaele, John A. E. "European criminal justice in the European and global context." New Journal of European Criminal Law 10, no. 1 (March 2019): 7–16. http://dx.doi.org/10.1177/2032284419840708.

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European criminal justice is not only about harmonization and Europeanization of the domestic criminal justice systems but also about common criminal policies and shared values, including key values related to the rule of law. What has been achieved in the European integration process and what are the challenges ahead of us? The author assesses this in the area of harmonization of substantive criminal law and criminal procedure; mutual recognition; European judicial agencies and the external dimension of the Area of Freedom, Security and Justice.

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Engel, Annegret. "EU Criminal Law (Modern Studies in European Law)." International Criminal Law Review 10, no. 1 (2010): 141–42. http://dx.doi.org/10.1163/157181210790735210.

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12

Martin, Elisabeth. "New Literature in European Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 29, no. 1 (April 13, 2021): 82–83. http://dx.doi.org/10.1163/15718174-29010003.

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Shostak, O. "EUROPEAN DIMENSION OF UKRAINIAN CRIMINAL LAW." “International Humanitarian University Herald. Jurisprudence” 2, no. 47 (2020): 86–91. http://dx.doi.org/10.32841/2307-1745.2020.47-2.18.

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14

Delmas-Marty, Mireille. "Towards an Integrated European Criminal Law." Cambridge Yearbook of European Legal Studies 7 (2005): 17–31. http://dx.doi.org/10.5235/152888712802730774.

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The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards ‘security’. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

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Melander, Sakari. "Ultima Ratio in European Criminal Law." European Criminal Law Review 3, no. 1 (June 27, 2013): 45–64. http://dx.doi.org/10.5235/219174413806915441.

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Martin, Elisabeth. "New Literature in European Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 2 (July 9, 2020): 203. http://dx.doi.org/10.1163/15718174-02802006.

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Delmas-Marty, Mireille. "Towards an Integrated European Criminal Law." Cambridge Yearbook of European Legal Studies 7 (2005): 17–31. http://dx.doi.org/10.1017/s1528887000004481.

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The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards ‘security’. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

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18

Langheld, Georg C. "Multilingual Norms in European Criminal Law." European Criminal Law Review 6, no. 1 (2016): 39–59. http://dx.doi.org/10.5771/2193-5505-2016-1-39.

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Martín, Adán Nieto. "Joachim Vogel and European Criminal Law." New Journal of European Criminal Law 4, no. 3 (September 2013): 201–2. http://dx.doi.org/10.1177/203228441300400301.

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Mitsilegas, Valsamis. "New Voices in European Criminal Law." New Journal of European Criminal Law 6, no. 1 (March 2015): 3–4. http://dx.doi.org/10.1177/203228441500600101.

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21

Sicurella, Rosaria. "Fostering a European criminal law culture." New Journal of European Criminal Law 9, no. 3 (September 2018): 308–25. http://dx.doi.org/10.1177/2032284418801561.

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“Trust” is currently a crucial concept in the political and legislative discourse of European institutions, as well as in some of the most notable decisions of the Court of Justice. However, unlike mutual recognition, trust is not in itself enshrined in the treaty. Indeed, mutual trust is an essential element of the European construction. The Luxembourg Court took a quite radical position on presumed mutual trust. However, a more substantial understanding of mutual trust as the core objective and, at the same time, the foundation of European Union’s criminal justice policy is required, essentially based on the idea of developing a shared legal culture while maintaining (at least in part) national diversity in criminal law. This article aims at showing that fostering mutual trust requires that the latter is not approached only as a legal concept but rather as a notion resting also on an inherent subjective dimension. This calls for non-legal forms of trust building aimed at enhancing awareness of other Member States’ legal systems and commonalities. In particular, attaining a deeper knowledge of these differing systems and thereby enhancing mutual understanding is essential in order both to nurture the belief that other Member States are reliable and trustworthy and to instill an attitude of “openess to others’ vision” that is expected to improve judicial cooperation, and more generally integration of Member States’ legal systems, and a true dialogue among legal practitioners and criminal law scholars. Indeed, developing such a shared vision of criminal justice will presumably lead to the progressive definition and development of common legal concepts as the basic contents for a European legal theory of criminal law.

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22

Martin, Elisabeth. "New Literature in European Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 30, no. 3-4 (December 27, 2022): 357–58. http://dx.doi.org/10.1163/15718174-30030004.

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Martin, Elisabeth. "New Literature in European Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 30, no. 3-4 (December 27, 2022): 355–56. http://dx.doi.org/10.1163/15718174-30030003.

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24

Salditt, Franz. "The European criminal law ombudsman project." ERA Forum 7, no. 2 (June 2006): 277–80. http://dx.doi.org/10.1007/s12027-006-0010-3.

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Martin, Elisabeth. "New Literature in European Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 31, no. 3-4 (December 27, 2023): 353–55. http://dx.doi.org/10.1163/15718174-31030003.

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26

Gurevičs, Dāvids. "Victim’s Paradigm in European Union Criminal Law." Teisė 127 (July 13, 2023): 129–39. http://dx.doi.org/10.15388/teise.2023.127.8.

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The victim’s legal status and participatory rights in criminal proceedings vary among the European Union member states, which can potentially hinder the harmonisation of the field of criminal law. The aim of this article is to reveal the main features that determine the victim’s paradigm in European Union criminal law by focusing on the rights which the member states are obliged to guarantee in their criminal justice systems. Considering that criminal proceedings must result in a fair balance of interests of the parties involved, this article concludes that, in the victim’s paradigm enshrined in the European Union legal acts concerning the area of criminal law, the victim must be endowed with certain procedural rights, however, for that very reason, as an actor of the criminal justice system, the victim might be required to participate in the proceedings.

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Coutts, Stephen. "Supranational public wrongs: The limitations and possibilities of European criminal law and a European community." Common Market Law Review 54, Issue 3 (May 1, 2017): 771–803. http://dx.doi.org/10.54648/cola2017060.

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Criminal law has an inherent expressive and communitarian dimension, expressing the common values and norms of the political community. Drawing on the theory of Antony Duff, this article explores the extent to which the EU’s actions in the area of substantive criminal law can be said to express common European values by identifying actions deemed wrongful vis-à-vis the Union as a whole. The Union is limited in its capacity to express conceptions of wrong-doing through its substantive criminal law by the limited nature of its competences, its functional character and its multilevel structure. However, it does enjoy an expressive quality in two broad areas; first, the identification of European public goods, harm to which constitutes a wrong to the Union and second, common European public values. Also, substantive EU criminal law can support transnational criminal law processes, interacting with national criminal law and giving rise to the identification of certain shared wrongs amongst Member States. Thus, while certainly limited, EU criminal law does fulfil a role in the identification of wrongful behaviour and the expression of common values.

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28

van der Wilt, Harmen. "Court of Justice of the European Communities." European Constitutional Law Review 2, no. 2 (June 2006): 303–9. http://dx.doi.org/10.1017/s1574019606003038.

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The European Union has been tightening its grip on the criminal laws of the member states. Article 31 of the Treaty on European Union introduced the framework decision as the appropriate instrument to harmonize criminal law. In this way, member states may be required to adopt minimum levels of criminal definitions and sanctions. This is a matter of ‘third pillar’ law. The case under scrutiny, however, is a perfect illustration of the delicate relationship between EU first pillar law and domestic criminal law.

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Valentini, Vico. "European Criminal Justice and Continental Criminal Law – A Critical Overview." European Criminal Law Review 1, no. 2 (December 1, 2011): 188–202. http://dx.doi.org/10.5235/219174411798862550.

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Góómez-Aller, Jacobo Dopico. "Criminal Omissions: A European Perspective." New Criminal Law Review 11, no. 3 (2008): 419–51. http://dx.doi.org/10.1525/nclr.2008.11.3.419.

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Omissions in criminal law have often been a cause of perplexity among legal scholars in Europe and America. This article analyzes some of the main theoretical approaches to the question of commission by omission, criticizing the formalistic perspective of the "special legal duty" theory and proposing a normative approach based on the idea of the "sphere of autonomy."

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Herlin-Karnell, Ester. "The Power of Comparative Constitutional Law Reasoning in European Criminal Law Procedure." ICL Journal 13, no. 1 (May 27, 2019): 1–27. http://dx.doi.org/10.1515/icl-2018-0047.

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Abstract This paper explores the constitutional dimension of comparative criminal law procedure in a European context. It does so by focusing on the European civil law traditions and by explaining how the impact of constitutional law reasoning has changed the criminal law landscape. The paper argues that the influence of European Union law and the European Convention on Human Rights regime together with other comparative law effects have led to an adapted version of the comparative law project, where the orthodox distinction between civil law and common law is largely erased. Specifically, the paper focuses on the question of fairness and justification in the criminal law process, the principle of proportionality and the notion of dignity in a comparative perspective. The paper draws on both doctrinal and theoretical examples.

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Talarico, Susette M. "European Systems of Criminal Justice." Criminal Justice Review 15, no. 1 (May 1990): 1–4. http://dx.doi.org/10.1177/073401689001500102.

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van Dijk, Jan J. M., and John van Kesteren. "Criminal victimization in European cities." European Journal on Criminal Policy and Research 4, no. 1 (March 1996): 9–21. http://dx.doi.org/10.1007/bf02736674.

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Shoemaker, Karl Blaine. "V. Criminal Procedure in Medieval European Law." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 85, no. 1 (August 1, 1999): 174–202. http://dx.doi.org/10.7767/zrgka.1999.85.1.174.

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OKUYUCU ERGÜN, Güneş. "ENVIRONMENTAL CRIMINAL LAW IN THE EUROPEAN UNION." Ankara Üniversitesi Hukuk Fakültesi Dergisi 70, no. 3 (October 21, 2021): 909–24. http://dx.doi.org/10.33629/auhfd.953503.

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Zeitler, Helge Elisabeth. "Strengthening Environmental Protection through European Criminal Law." Journal for European Environmental & Planning Law 4, no. 3 (2007): 213–20. http://dx.doi.org/10.1163/187601007x00217.

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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).

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Hufnagel, Saskia. "‘European police and criminal law co-operation’." Policing and Society 25, no. 6 (February 26, 2015): 687–89. http://dx.doi.org/10.1080/10439463.2015.1013767.

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Rosin, Kaie. "The Relationship between EU Law and Fundamental Principles of Estonian Substantive Criminal Law." Juridica International 30 (October 13, 2021): 174–82. http://dx.doi.org/10.12697/ji.2021.30.19.

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Although the EU lacks explicit competence to harmonise national principles of criminal law, there are many ways in which EU law and national criminal law are interconnected on a level deeper than mere minimum standards adopted from directives. The article analyses these intersections between EU law and fundamental principles of Estonian substantive criminal law, explaining how the principles of criminal law recognised and interpreted in the case law of the Court of Justice of the EU and covered by the Charter of Fundamental Rights of the European Union exhibit the capacity to affect fundamental principles of Estonian substantive criminal law. The article focuses on five principles specific to substantive criminal law, which are derived from the fundamental principles of the Estonian Constitution and have equivalents in human-rights law: the principle of legality of criminal law, the principle of retroactive application of the more lenient criminal law, proportionality, ultima ratio, and the principle of individual guilt. The analysis demonstrates that the relationship between EU law and the various principles of substantive criminal law is not uniform because the principles of substantive criminal law are not developed evenly at European Union level.

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Vasilkov, Zorančo, and Dragana B. Lazić. "Development of criminal jurisdiction of the European Union." Juridical Analytical Journal 16, no. 1 (November 13, 2021): 7–14. http://dx.doi.org/10.18287/1810-4088-2021-16-1-7-14.

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The criminal jurisdictions of the European Community and subsequently the European Union began to develop as subsidiary competencies aimed at protecting economic and industry policies established by the founding treaties. Their development has pointed to the necessity of using forced measures for the preventing abuse and countering criminal activities in the area of the customs union and the common market. This paper presents the gradual transfer of limited criminal jurisdictions from the jurisprudence of the European Court of Justice and communitarian law into the contractual competences of the European Union with an explicit legal basis after the entry into force of the Treaty of Lisbon. Using the teleological method, the method of the content analysis (of the legal norms) and the comparative method the paper emphasizes examples of using criminal jurisdictions within the framework of communitarian law, the delimitation of competencies between the EU and the EC, and the changes made by the Treaty of Lisbon in relation to the EU Treaty of Amsterdam. Amendments to the founding treaties have set the foundations for developing criminal jurisdictions into the supranational criminal law that through its norms would supplement national criminal justice systems in the areas of substantive criminal law and the law of criminal procedure.

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Vaško, Adrián, and Jaroslav Klátik. "Criminal Law Protection of a Child by means of Slovak Criminal Law and European Union Law." Access to Justice in Eastern Europe 6, no. 3 (June 19, 2023): 1–12. http://dx.doi.org/10.33327/ajee-18-6.3-a000301.

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Background: The contribution is focused on current challenges in the criminal protection of children field by means of criminal law in the Slovak Republic and the European Union. The authors define the term, “child,” in the applicable law. They examine in detail the legal regulation of the child’s position as a victim, especially as a particularly vulnerable victim in criminal law. Attention is given to the victimisation process in relation to the specifics of the child. The legal regulation of criminal law in the Slovak Republic, as well as within the European Union, reflects the need for a special approach to the protection of children and youth, and adequate legal instruments are gradually being created and introduced. Methods: Legal comparison, content and functional analysis of legal acts, analysis of court decisions, historical analysis, and comparisons were used to process research data. Results and Conclusions: The current criminal law regulation of the status and protection of children and youth in the Slovak Raepublic requires regulation to effectively respond to new threats and risks, primarily associated with the increase of criminal activity against children in the virtual world. New forms of criminal activity by using computer technology and social networks are constantly increasing. Prevention and education are irreplaceable aspects of the protection of children and youth from crime. It is more effective to have a good prevention system than to deal with the consequences. Based on our research, we recommend introducing a subject focused on the prevention and intervention of crimes of a sexual nature into the education of school-age children. At the same time, we recommend continual building of specialized workplaces within law enforcement bodies in the Slovak Republic.

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Kruessmann, Thomas. "Criminal Law and Human Rights - Some Examples from the Emergence of European Criminal Law." Russian Journal of Criminology 14, no. 5 (November 20, 2020): 745–57. http://dx.doi.org/10.17150/2500-4255.2020.14(5).745-757.

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Criminal law is often described as the field of law that expresses the strongest national characteristics of a given jurisdiction and is the least amenable to change. Naturally, social rules providing some kind of penalty when violated have existed throughout the history of mankind. In Europe, the current understanding of criminal law has been shaped by Enlightenment thought, the ideas of human rights, liberalism and finally the national movements which led, inter alia, to the famous codifications of criminal law of the 19th century. In Russia, criminal law has certainly (not been isolated from the developments that took place in 19th century Europe. For example, the abolition of corporal punishment is but one good marker of humanisation. But compared to Europe, codified criminal law in Russia has been much less understood as the magna charta of the offender (Franz von Liszt), eventually leading to the study of human rights in criminal law. Rather, it has been viewed as the expression of the Tsars unfettered power to mete out punishment, - a line of thinking which indicates the continuing difficulty in Russian criminal law doctrine to accept limitations on the power of the legislator to criminalize. This paper will not deal with Russian doctrinal approaches to criminal law in a direct way. Instead, its purpose is to demonstrate the European Unions (EUs) current thinking on the effects that human rights have on the development of criminal law. As of today, criminal law is under a variety of influences among which the changing understanding of human rights is a very important one. In the Western world, there is a large amount of literature dealing with human rights and criminal law in general1 [1; 2], and it is hardly possible to come to an overall systematization. To be sure, there are parts of criminal law which have experienced very little change in light of human rights. One central tenet of human rights, for example, is the equality of men2 (in a pre-modern reading to include also women) which leads to the criminalization of slavery, slave trade, forced labor and trafficking in human beings. The smuggling of humans, on the other hand, is a much more controversial topic due to the fact that states show a strong desire to criminalize irregular migration. Another pillar of human rights is the human right to property3 which informs a whole range of criminal law provisions for violations of the right to property on land (theft, robbery, etc.) and on water (piracy). By comparison, the right to life is a more difficult concept. Human rights are behind the global drive for abolishing the death penalty4, but a number of other life-related issues are determined less by human rights than by religious and ethical views, such as the criminalization of abortion, aiding and abetting suicide, and euthanasia. Finally, a number of human rights are experiencing a very lively debate, e.g. freedom of speech5 [3] and freedom of religion, consequently there is also a high impact on the development of criminal law. European criminal law, understood as the total of the harmonized national criminal law systems of the EU Member states, offers a good example to study the effects of human rights. In the literature, there is the argument that changes in the understanding of human rights can lead both to criminalization and to de-criminalization. This has also been described as the «sword» function of human rights (using human rights to call for criminalization) and the «shield» function (using human rights law to call for limits to the use of criminal law and even de-criminalization) [1]. Both functions can be observed in a nutshell when analyzing the European criminal law that has emerged in the course of the last decade. For Russia, this article represents a (hopefully timely) contribution to the still nascent discussion on the effects of human rights on criminal law. Despite the Preamble to the newly adopted Constitution of the Russian Federation (RF) which affirms the role of human rights, Article 15 (4) Constitution RF limits the direct impact of human rights law to the universally accepted norms and principles of international law as well as to treaties concluded by the RF. The Constitution therefore appears to be closing the door to cutting-edge developments in international human rights law which are still not universally accepted.

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Seiler, Louise. "Book Review: European Federal Criminal Law, the Federal Dimension of the EU Criminal Law." New Journal of European Criminal Law 7, no. 4 (December 2016): 495–99. http://dx.doi.org/10.1177/203228441600700409.

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Feng, Yunyang. "How Did Medieval Ecclesiastical Criminal Law Impact the Ideology of Contemporary European Criminal Law." Communications in Humanities Research 30, no. 1 (May 17, 2024): 113–21. http://dx.doi.org/10.54254/2753-7064/30/20231650.

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This paper explores the correlation between medieval ecclesiastical criminal law and contemporary European criminal law, as well as how the former has influenced the ideology of the latter. This work initially presents the contextual background and rationale for the chosen topic, subsequently provides a comprehensive overview of existing research in this field, and subsequently advances three hypotheses in the main body of the paper: the transition from customary law to written law, the perpetuation of original sin theory, and the establishment of theoretical principles within criminal law. These hypotheses are then systematically examined to derive conclusive findings. Based on my research, it can conclude that all three hypotheses hold true. This investigation contributes to bridging an intentional gap overlooked by theoretical constructions and approaching an authentic understanding of history.

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Faure, Michael. "European Environmental Criminal Law: Do We Really Need It?" European Energy and Environmental Law Review 13, Issue 1 (January 1, 2004): 18–29. http://dx.doi.org/10.54648/eelr2004003.

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Summary: The Commission argues that the criminal law needs to be used to punish offences in breach of Community law protecting the environment. The Commission believes that only by using the criminal law can the implementation deficit effectively be remedied. In this article the author argues that this duty towards criminal enforcement seems ineffective and can potentially even be counter productive. The traditional model for implementation of European legislation is still that European environmental law will draft the norms, but that Member States remain free in their choice of the implementation techniques. European legislation and case law has reacted in various ways with effective remedies to cope with the implementation deficit. However, the idea has never been that the implementation deficit would be cured by forcing Member States to impose a specific type of sanction. This would remove the traditional freedom to choose the correct implementation instrument by the Member State and in that sense it seems non-European. Moreover, the argument that the criminal law would be necessary to guarantee a correct implementation of European environmental law seems to neglect all the instruments that European law has developed so far to force Member States towards compliance. The author opines that the Commission, at least in the directive it proposed in 2001, neglected the important question of a correct theoretical foundation for a European intervention in the area of environmental criminal law. This contribution does not aim to provide a formal institutional-legal basis for a European environmental criminal law, but rather critically addresses whether such a European environmental criminal law would anyway be necessary. The focus is mostly on the proposal for a directive presented by the Commission in 2001. If the European Court of Justice were to adopt arguments concerning the lack of competence of the Council we may assume that one day the initiative taken by the Commission in 2001 will be continued.

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Tsyganii, Svitlana, Dmytro Shyian, Mariia Diakur, Vitalii Areshonkov, and Volodymyr Hospodarenko. "Criminal Law Transformation in the Context of COVID-19: The Experience of the European Union and Ukraine." Cuestiones Políticas 40, no. 73 (July 29, 2022): 52–70. http://dx.doi.org/10.46398/cuestpol.4073.02.

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The aim of the study was to identify and analysed the novelties of the criminal law of Ukraine and the EU Member States caused by the COVID-19 pandemic, as regulations and social impact tools. The content analysis, doctrinal approach, comparative method, as well as general methods were applied to analysed research papers, regulations, case law and statistics on COVID-19-related crimes. Criminal law is considered as part of anti-pandemic policy. National governments focus on responding to individual COVID-19-related crimes rather than on crime trends in general. Due to the transient situation, European and Ukrainian practice has shown the priority of adapting existing criminal law to prevent COVID-19. In general, the transformation of criminal law involves establishing rules that can be applied in any pandemic. An important area is the response to long-term criminal challenges (domestic violence, organized crime) through criminal law. The experience of European countries and Ukraine in responding to global threats reveals uncertainty in the criminal law transformation approaches. This determines the reasonability of working out a common European framework of criminal law policy and prospects for the development of criminal law, which can be defined in international recommendatory instruments.

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Kärner, Markus. "Punitive Administrative Sanctions After the Treaty of Lisbon: Does Administrative Really Mean Administrative?" European Criminal Law Review 11, no. 2 (2021): 156–76. http://dx.doi.org/10.5771/2193-5505-2021-2-156.

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This article analyses the dichotomy between administrative and criminal sanctions in European Union law and aims to establish which limits do the policy goals of the European Union set for the national transposition of administrative sanctions as opposed to criminal sanctions. The article discusses the difficulties in differentiating between administrative and criminal sanctions and gives an overview of the evolution of the European Union sanctioning system from the early competence disputes to the rationale behind the post-Lisbon parallel harmonisation of criminal and administrative sanctions. The final part of the article uses these findings along with the jurisprudence of the European Court of Justice to ascertain the key requirements for transposing European Union administrative sanctions into national law, namely whether the policy goals of the European Union require the formal non-criminal classification of the sanction as a way of negative harmonisation of criminal law.

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Herlin-Karnell, Ester. "What Principles Drive (or Should Drive) European Criminal Law?" German Law Journal 11, no. 10 (October 2010): 1115–30. http://dx.doi.org/10.1017/s2071832200020137.

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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.

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Klip, André. "European Criminal Policy." European Journal of Crime, Criminal Law and Criminal Justice 20, no. 1 (2012): 3–12. http://dx.doi.org/10.1163/157181712x614943.

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Peršak, Nina. "The Rule of Law and European Criminal Law in Interaction." European Journal of Crime, Criminal Law and Criminal Justice 27, no. 1 (March 7, 2019): 1–11. http://dx.doi.org/10.1163/15718174-02701001.

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Jimeno-Bulnes, Mar. "European Judicial Cooperation in Criminal Matters." European Law Journal 9, no. 5 (December 2003): 614–30. http://dx.doi.org/10.1046/j.1468-0386.2003.00195.x.

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Journal articles on the topic 'European criminal law'

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