European criminal law 28 results

The fourth edition of Materials on European Criminal Law is a collection of legal instruments including all legal materials relevant for the practice of the Member States of the European Union in one concise volume.

La lutte contre le terrorisme est multidimensionnelle. L’ouvrage l'examine sous toutes ses formes, dans le cadre européen et aux niveaux international et national. Il se penche tant sur la prévention que sur la répression.

This fourth edition explains European criminal law as a multi-level field of law, in which the EU has a normative influence on all criminal proceedings, but also on aspects of substantive criminal law and on the co-operation between Member States. It analyses the contours of the emerging criminal justice system of the EU and presents a coherent picture of the legislation enacted, the case law on EU level and its influence on the national criminal justice systems.

This book outlines in an accessible manner the wide-ranging and revolutionary development of one of the most crucial and dynamic EU policy areas since the Maastricht Treaty: that of police and judicial cooperation between its Member States. It examines the subject in light of burning issues surrounding migration, terrorism and, of course, Brexit.

This study takes an innovative approach to this issue and approaches the possibility for regulation of cannabis for recreational use from the perspective of positive human rights obligations.

This study addresses the legal question of to which extent domestic initiatives involving the regulation of cannabis cultivation for recreational use are compatible with the relevant UN narcotic drugs conventions and European Union law.

Volume I addresses the legal question of to which extent domestic initiatives involving the regulation of cannabis cultivation for recreational use are compatible with the relevant UN narcotic drugs conventions and European Union law. Volume II takes an innovative approach to this issue and approaches the possibility for regulation of cannabis for recreational use from the perspective of positive human rights obligations.

Through the establishment of EU criminal law, EU actors have come to influence the definition and interpretation of domestic crimes and penalties. Both the EU legislature and the CJEU define and interpret provisions of EU law with relevance for the determination of criminal liability and the prescription of applicable penalties in the law of the Member States. This influence on substantive criminal law raises questions about the limits to these legislative and interpretive activities, both at the EU level and at the level of the Member States.

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.

How does EU membership affect national sovereignty? This edited volume offers a broader perspective on sovereignty relying on the international law concept.

For decades, the EU has developed a system of criminal justice consistent with the mixed (sometimes contradictory) tendencies embedded in its very own structure. The Lisbon Treaty consolidated some federal elements that have an impact in the future development of this area of law.

The book contains a comparative analysis of mutual recognition in the internal market and the Area of Freedom, Security and Justice. It assesses mutual recognition in the context of the aims of both areas, the principles of European law and norms laid down in primary and secondary EU law.

The growing attention being paid to transnational criminality and the emergence of new models of state cooperation make it necessary to reconsider the traditional features of human rights enforcement. This book provides a comprehensive analysis of how criminal procedural rights are (if at all) protected within the framework of mutual recognition within the EU. The study concentrates on the Framework Decision on the European Arrest Warrant.

With the coming into force of the Treaty of Lisbon the competences of the European Union in the realm of criminal law have greatly expanded. The Union, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. Although the Union frequently refers to conduct, attempt and participation in its legislation, it fails to determine what these concepts should denote to. This book fills this lacuna by establishing what actus reus and rules on participation should look like in European criminal law.

The famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU’s own “autonomous” sanctions system. The subject is nevertheless topical since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon treaty. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues.

In this book, the authors analyse the ambiguity of the notion of security and its tendency to expand and affect simultaneously different fields of law. More specifically, they address the militarisation of the fight against terrorism, the distinction between administrative and penal sanctions, the limits of intelligence activities and the scope of criminalisation.

In the past decades, the process of European integration has influenced all fields of law, and eventually also criminal law. European legislation now requires Member States to criminalize all sorts of harmful conduct but does not determine the full scope of criminal liability, omitting to define general principles of criminal law such as ‘intention’. This book aims to remedy this by establishing what mens rea and defences should look like in European criminal law.

This book examines the question why – from an economic perspective – society should enforce certain violations through criminal law, while others through private or administrative law.

Criminal law on hate speech has become a hotly debated topic in the past decade. How to deal with hate speech in an increasingly pluralist society has become a pressing question. This comparative study deals with how ideas behind the law on hate speech and extreme speech in the Netherlands and England and Wales – including the influence of European and international law – have developed since 2001 and how this can be explained by reference to their historical origins.

Since the 9/11 attacks combating terrorism has gained top priority within Dutch politics. This book discusses the scope of the preventive-oriented Dutch anti-terrorism legislation and its impact on fundamental legal rights and principles of law as enshrined in the European Convention on Human Rights. It analyses criminal liability for terrorist offences and discuses in particular the level of suspicion that is required to apply state powers to prevent acts of terrorism in light of the relevant fundamental legal rights.