Norel Neagu | Romanian American University - Bucharest (original) (raw)
Papers by Norel Neagu
Leiden Journal of International Law, 2012
As a result of the extension of the jurisdiction of the Court of Justice of the European Union ov... more As a result of the extension of the jurisdiction of the Court of Justice of the European Union over the former third pillar (Police and Judicial Cooperation in Criminal Matters), several cases were referred to the Court for interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters, especially the ne bis in idem principle. This principle was also addressed in the case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the Supreme Court of the United States. While addressing the problem at international level, this article focuses principally on the case law of the Court of Justice of the European Union and the European Court of Human Rights in the field of the ne bis in idem principle, concisely presenting the legal framework, findings of the Courts, and some conclusions on the interpretation of the principle. The study also analyses the absence of uniformity in interpretation and the use of differen...
Challenges of the Knowledge Society, 2012
This article deals with the case law of the Court of Justice of the European Union in the field o... more This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a "journey to the unknown" for European citizens in respect to legislation of other member states of the EU.
Two major events occurred in the recent years have triggered a series of cases in the field of cr... more Two major events occurred in the recent years have triggered a series of cases in the field of criminal law, having transnational dimension and requiring an identical interpretation of the European law in the Member States. The first one is the "communautarisation" of the Schengen Aquis. The second one is the extension of the jurisdiction of the European Court of Justice over the (former) third pillar (Police and Judicial Cooperation in Criminal Matters). As a result, several cases were referred to the European Court of Justice for the interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters. This article gives a general overview of the case-law of the European Court of Justice in the field of "ne bis in idem" principle, shortly presenting the legal framework, the facts, the questions addressed to the Court by the national jurisdictions, the findings of the Court, as well as some conclusions on the interpretation of the principle. In the first study we will deal with the notion of 'idem'.
The legislation in the field of criminal law has evolved significantly in the last ten years in t... more The legislation in the field of criminal law has evolved significantly in the last ten years in the European Union. This article deals with a new institution, intended to provide new tools for changing traditional judicial cooperation in criminal matters into a framework for united and coordinated proceedings in a criminal law trial throughout the entire EU territory: the European Public Prosecutor’s Office. Besides general observations related to the historical development of this idea and a brief examination of the EPPO regulation proposal, the article focuses on the scope of the competence of EPPO: whether it should deal with fraud affecting the financial interests of the EU, or/and with serious crimes with transnational dimensions. The article concludes that establishing the EPPO according to the lines of the proposal, even if necessary, responds mainly to political compromise rather than real needs of the EU citizens.
Two major events occurred in the recent years have triggered a series of cases in the field of cr... more Two major events occurred in the recent years have triggered a series of cases in the field of criminal law, having transnational dimension and requiring an identical interpretation of the European law in the Member States. The first one is the “communautarisation” of the Schengen Aquis. The second one is the extension of the jurisdiction of the European Court of Justice over the (former) third pillar (Police and Judicial Cooperation in Criminal Matters). As a result, several cases were referred to the European Court of Justice for the interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters. This article gives a general overview of the case-law of the European Court of Justice in the field of “ne bis in idem” principle, shortly presenting the legal framework, the facts, the questions addressed to the Court by the national jurisdictions, the findings of the Court, as well as some conclusions on the interpretation of the principle. In t...
European criminal law is an emerging field, both influencing and being influenced by national cri... more European criminal law is an emerging field, both influencing and being influenced by national criminal law. European (criminal) law draws its roots from constitutional principles stemming from common traditions of the Member States. Also, European Union instruments are highly influential over national criminal law, through policy making, legislative instruments and interpreting case law. One can imagine European versus national criminal law as a two way street, where each turn of one of the traffic participants shall necessarily influence the other one.
European criminal law is an emerging field, both influencing and being influenced by national cri... more European criminal law is an emerging field, both influencing and being influenced by national criminal law. European (criminal) law draws its roots from constitutional principles stemming from common traditions of the Member States. Also, European Union instruments are highly influential over national criminal law, through policy making, legislative instruments and interpreting case law. One can imagine European versus national criminal law as a two way street, where each turn of one of the traffic participants shall necessarily influence the other one.
The author analyses the criminal offence of incest in respect to its actus reus, concluding that ... more The author analyses the criminal offence of incest in respect to its actus reus, concluding that the legal goods protected by criminalising this offence are not about morality in family relationships, but about protection of human species.
The legislation in the field of criminal law has evolved significantly in the last ten years in t... more The legislation in the field of criminal law has evolved significantly in the last ten years in the European Union. This article deals with a new institution, intended to provide new tools for changing traditional judicial cooperation in criminal matters into a framework for united and coordinated proceedings in a criminal law trial throughout the entire EU territory: the European Public Prosecutor’s Office. Besides general observations related to the historical development of this idea and a brief examination of the EPPO regulation proposal, the article focuses on the scope of the competence of EPPO: whether it should deal with fraud affecting the financial interests of the EU, or/and with serious crimes with transnational dimensions. The article concludes that establishing the EPPO according to the lines of the proposal, even if necessary, responds mainly to political compromise rather than real needs of the EU citizens.
Journal of Financial Crime, 2010
Abstract Purpose – The purpose of this paper is to analyse the legislation and case law relevant ... more Abstract Purpose – The purpose of this paper is to analyse the legislation and case law relevant to preventing and combating fraud affecting the European Union (EU)'s financial interests in Romania. Design/methodology/approach – The paper explores how the legislation is ...
Review of Central and East European Law, 2010
This article deals with the possibility of changing the approach to appeals in the interest of la... more This article deals with the possibility of changing the approach to appeals in the interest of law in Romania according to the relevant guidelines extracted from the case law of the European Court of Justice. It provides a comparative analysis of Romanian Supreme Court decisions with those of the European Court of Justice with respect to guiding principles versus a strict interpretation of written legislation. The author highlights a modern path for the Romanian Court to follow in light of the requirements of the twenty-first century.
European Law Journal, Vol. 15, No. 4, 2009
This article deals with the possibility of adopting criminal law provisions on a first pillar leg... more This article deals with the possibility of adopting criminal law provisions on a first pillar legal basis. The analysis focuses on two decisions of the European Court of Justice (ECJ) dealing with the matter, with specific emphasis on the second one. The main problems debated are the legality principle, the implicit competence of the Community legislator, the criteria for establishing when there is a need for adopting criminal law provisions on an EC legal basis and the scope and depth of this competence. Comparing the arguments of the Advocate General with the ECJ’s approach to the matter, the author tries to establish whether the right decision has been adopted and what the solutions for the
future are.
Leiden Journal of International Law, 2012
As a result of the extension of the jurisdiction of the Court of Justice of the European Union ov... more As a result of the extension of the jurisdiction of the Court of Justice of the European Union over the former third pillar (Police and Judicial Cooperation in CriminalMatters), several cases were referred to the Court for interpretation, inter alia, of the dispositions of the Schengen
Convention dealingwith criminalmatters, especially the ne bis in idem principle. This principle was also addressed in the case law of the European Court ofHuman Rights, the Inter-American Court of Human Rights, and the Supreme Court of the United States. While addressing the problem at international level, this article focuses principally on the case law of the Court of Justice of the European Union and the European Court of Human Rights in the field of the ne bis in idem principle, concisely presenting the legal framework, findings of the Courts,
and some conclusions on the interpretation of the principle. The study also analyses the absence of uniformity in interpretation and the use of different criteria in addressing identical situations by different courts, or even by the same court, concluding on a (seemingly) fortunate approximation in interpretation at European level.
Leiden Journal of International Law, 2012
As a result of the extension of the jurisdiction of the Court of Justice of the European Union ov... more As a result of the extension of the jurisdiction of the Court of Justice of the European Union over the former third pillar (Police and Judicial Cooperation in Criminal Matters), several cases were referred to the Court for interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters, especially the ne bis in idem principle. This principle was also addressed in the case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the Supreme Court of the United States. While addressing the problem at international level, this article focuses principally on the case law of the Court of Justice of the European Union and the European Court of Human Rights in the field of the ne bis in idem principle, concisely presenting the legal framework, findings of the Courts, and some conclusions on the interpretation of the principle. The study also analyses the absence of uniformity in interpretation and the use of differen...
Challenges of the Knowledge Society, 2012
This article deals with the case law of the Court of Justice of the European Union in the field o... more This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a "journey to the unknown" for European citizens in respect to legislation of other member states of the EU.
Two major events occurred in the recent years have triggered a series of cases in the field of cr... more Two major events occurred in the recent years have triggered a series of cases in the field of criminal law, having transnational dimension and requiring an identical interpretation of the European law in the Member States. The first one is the "communautarisation" of the Schengen Aquis. The second one is the extension of the jurisdiction of the European Court of Justice over the (former) third pillar (Police and Judicial Cooperation in Criminal Matters). As a result, several cases were referred to the European Court of Justice for the interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters. This article gives a general overview of the case-law of the European Court of Justice in the field of "ne bis in idem" principle, shortly presenting the legal framework, the facts, the questions addressed to the Court by the national jurisdictions, the findings of the Court, as well as some conclusions on the interpretation of the principle. In the first study we will deal with the notion of 'idem'.
The legislation in the field of criminal law has evolved significantly in the last ten years in t... more The legislation in the field of criminal law has evolved significantly in the last ten years in the European Union. This article deals with a new institution, intended to provide new tools for changing traditional judicial cooperation in criminal matters into a framework for united and coordinated proceedings in a criminal law trial throughout the entire EU territory: the European Public Prosecutor’s Office. Besides general observations related to the historical development of this idea and a brief examination of the EPPO regulation proposal, the article focuses on the scope of the competence of EPPO: whether it should deal with fraud affecting the financial interests of the EU, or/and with serious crimes with transnational dimensions. The article concludes that establishing the EPPO according to the lines of the proposal, even if necessary, responds mainly to political compromise rather than real needs of the EU citizens.
Two major events occurred in the recent years have triggered a series of cases in the field of cr... more Two major events occurred in the recent years have triggered a series of cases in the field of criminal law, having transnational dimension and requiring an identical interpretation of the European law in the Member States. The first one is the “communautarisation” of the Schengen Aquis. The second one is the extension of the jurisdiction of the European Court of Justice over the (former) third pillar (Police and Judicial Cooperation in Criminal Matters). As a result, several cases were referred to the European Court of Justice for the interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters. This article gives a general overview of the case-law of the European Court of Justice in the field of “ne bis in idem” principle, shortly presenting the legal framework, the facts, the questions addressed to the Court by the national jurisdictions, the findings of the Court, as well as some conclusions on the interpretation of the principle. In t...
European criminal law is an emerging field, both influencing and being influenced by national cri... more European criminal law is an emerging field, both influencing and being influenced by national criminal law. European (criminal) law draws its roots from constitutional principles stemming from common traditions of the Member States. Also, European Union instruments are highly influential over national criminal law, through policy making, legislative instruments and interpreting case law. One can imagine European versus national criminal law as a two way street, where each turn of one of the traffic participants shall necessarily influence the other one.
European criminal law is an emerging field, both influencing and being influenced by national cri... more European criminal law is an emerging field, both influencing and being influenced by national criminal law. European (criminal) law draws its roots from constitutional principles stemming from common traditions of the Member States. Also, European Union instruments are highly influential over national criminal law, through policy making, legislative instruments and interpreting case law. One can imagine European versus national criminal law as a two way street, where each turn of one of the traffic participants shall necessarily influence the other one.
The author analyses the criminal offence of incest in respect to its actus reus, concluding that ... more The author analyses the criminal offence of incest in respect to its actus reus, concluding that the legal goods protected by criminalising this offence are not about morality in family relationships, but about protection of human species.
The legislation in the field of criminal law has evolved significantly in the last ten years in t... more The legislation in the field of criminal law has evolved significantly in the last ten years in the European Union. This article deals with a new institution, intended to provide new tools for changing traditional judicial cooperation in criminal matters into a framework for united and coordinated proceedings in a criminal law trial throughout the entire EU territory: the European Public Prosecutor’s Office. Besides general observations related to the historical development of this idea and a brief examination of the EPPO regulation proposal, the article focuses on the scope of the competence of EPPO: whether it should deal with fraud affecting the financial interests of the EU, or/and with serious crimes with transnational dimensions. The article concludes that establishing the EPPO according to the lines of the proposal, even if necessary, responds mainly to political compromise rather than real needs of the EU citizens.
Journal of Financial Crime, 2010
Abstract Purpose – The purpose of this paper is to analyse the legislation and case law relevant ... more Abstract Purpose – The purpose of this paper is to analyse the legislation and case law relevant to preventing and combating fraud affecting the European Union (EU)'s financial interests in Romania. Design/methodology/approach – The paper explores how the legislation is ...
Review of Central and East European Law, 2010
This article deals with the possibility of changing the approach to appeals in the interest of la... more This article deals with the possibility of changing the approach to appeals in the interest of law in Romania according to the relevant guidelines extracted from the case law of the European Court of Justice. It provides a comparative analysis of Romanian Supreme Court decisions with those of the European Court of Justice with respect to guiding principles versus a strict interpretation of written legislation. The author highlights a modern path for the Romanian Court to follow in light of the requirements of the twenty-first century.
European Law Journal, Vol. 15, No. 4, 2009
This article deals with the possibility of adopting criminal law provisions on a first pillar leg... more This article deals with the possibility of adopting criminal law provisions on a first pillar legal basis. The analysis focuses on two decisions of the European Court of Justice (ECJ) dealing with the matter, with specific emphasis on the second one. The main problems debated are the legality principle, the implicit competence of the Community legislator, the criteria for establishing when there is a need for adopting criminal law provisions on an EC legal basis and the scope and depth of this competence. Comparing the arguments of the Advocate General with the ECJ’s approach to the matter, the author tries to establish whether the right decision has been adopted and what the solutions for the
future are.
Leiden Journal of International Law, 2012
As a result of the extension of the jurisdiction of the Court of Justice of the European Union ov... more As a result of the extension of the jurisdiction of the Court of Justice of the European Union over the former third pillar (Police and Judicial Cooperation in CriminalMatters), several cases were referred to the Court for interpretation, inter alia, of the dispositions of the Schengen
Convention dealingwith criminalmatters, especially the ne bis in idem principle. This principle was also addressed in the case law of the European Court ofHuman Rights, the Inter-American Court of Human Rights, and the Supreme Court of the United States. While addressing the problem at international level, this article focuses principally on the case law of the Court of Justice of the European Union and the European Court of Human Rights in the field of the ne bis in idem principle, concisely presenting the legal framework, findings of the Courts,
and some conclusions on the interpretation of the principle. The study also analyses the absence of uniformity in interpretation and the use of different criteria in addressing identical situations by different courts, or even by the same court, concluding on a (seemingly) fortunate approximation in interpretation at European level.
Foundations of European Criminal Law, 2014
This monograph presents the main features of criminal law on two levels: national and European. C... more This monograph presents the main features of criminal law on two levels: national and European.
Content:
» Part I – National Reports on Foundations of Criminal Law,
» Part II – Foundations of European Criminal Law.
Topics addressed: fundamental principles of criminal law, criteria for criminalizing conducts, constituent elements of a criminal offense, specific features of a criminal offense.