The principle of legality in European criminal law

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.
Author(s):
Christina Peristeridou
Series:
School of Human Rights Research Series
Volume:
75
book | published | 1st edition
December 2015 | xiv + 360 pp.

Paperback
€79.-


ISBN 9781780683577


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Details

Acquiring competences for the creation of criminal offences begs the question of legitimacy. The European criminal justice system already has such competences and many instruments define criminal offences. The legality principle is a cornerstone doctrine for legitimising criminal norms in Western legal systems. Despite already being part of the European legal order, this principle lacks a coherent theoretical and normative blueprint that shows how it should be conceived in European criminal law.

This book develops such a theory for the principle of legality in European criminal law. The focus is on the legitimising and normative functions of this principle. The reader shall find a proposal for a theoretical framework that legitimises European criminal law and the accompanying normative requirements of criminal liability. Questions such as the precision of European and national implementing norms, the position of case law as a source of law and the scope of interpretative powers of European and national courts are addressed. The book uses comparative research into national systems and modern theories of criminal law to build a framework for the principle of legality. This is then instilled with special characteristics of the European legal order, such as the multi-level system of authorities and sources, pluralism and freedom of movement.

Chapters

Table of Contents (p. 0)

PART 1. SETTING THE SCENE

Chapter I. Introduction (p. 1)

Chapter II. Methodology (p. 21)

PART 2. THE LEGALITY PRINCIPLE IN NATIONAL CRIMINAL LAW

Chapter III. Theoretical Rationales of the Legality Principle (p. 31)

Chapter IV. The Application of the Principle in three National Systems (p. 65)

Chapter V. Three Models of Criminal Justice (p. 129)

PART 3. THE PRINCIPLE OF LEGALITY IN EUROPEAN CRIMINAL LAW

Chapter VI. Fragments of the Legality Principle in European Criminal Law (p. 175)

Chapter VII. The Legitimacy of European Criminal Justice (p. 221)

Chapter VIII. The Principle of Legality in European Criminal Law (p. 289)

Selected Bibliography (p. 325)

Summary (p. 349)

About the series:

School of Human Rights Research Series

The School of Human Rights Research Series traces the history and the development of the human rights movement. Through its distinctive interdisciplinary approach, the series provides a powerful insight into recent developments in the field of human rights - their promotion, implementation and monitoring. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The world famous School of Human Rights Research is a joint effort by human rights researchers in the Netherlands. Its central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application.
Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).

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