European (Criminal) Law V. National (Criminal) Law-A Two Way Street * (original) (raw)
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Criminal law is different, it is often said, from other areas of law in that it is rooted in and thus depends on national heritage to a great extent. This uniqueness is recognized by European institutions, as expressed by General Advocat Mazák in a case concerning the protection of the environment by means of criminal law:“In many respects, criminal law stands out from other areas of law. Availing itself of the most severe and most dissuasive tool of social control – punishments – it delineates the outer limits of acceptable behaviour and in that way protects the values held dearest by the community at large. As an expression essentially of the common will, criminal penalties reflect particular social disapproval and are in that respect of a qualitatively different nature as compared with other punishments such as administrative sanctions.
European Criminal Law as a Form of Transnational Law Developments through the Constitutional Review
| The emergence of European criminal law is a product of debate and crisis. Its creation is a reaction to perceived security risks, rather than anything elseprovision of security having been the driver in the creation of European criminal law". 1 Even if the European Union's involvement in criminal law has generated significant challenges and tensions, developments in this area continue at a sustained pace. For a comprehensive approach to the evolution of European criminal law, the issue must be addressed both from the perspective of the EU and the Member States as well as from the perspective of the Court of Justice of the European Union and the Constitutional Courts of the Member States. Constitutional control can be considered as a catalyst in building a European law, its importance being significant. This is all the more so since, as the studies in the field reveal, criminal law has undergone a contemporary revolution in constitutional significance. The extent to which the constitutional courts explore the constitutional foundations of criminal norms is very different, being influenced by national traditions, but without denying an increasingly profound constitutional approach to criminal law issues. At the same time, by using the jurisprudence of international and supranational courts, as well as comparative law, the constitutional courts contribute to the approximation of legal systemsincluding on the dimension of criminal lawat a European level. This approach serves to strengthen mutual trust, a basic principle of the European Union. Starting from these premises, the present study analyzes the evolution of European criminal law through the perspective of constitutional control, highlighting the developments in this respect at the level of the Constitutional Court of Romania.
Same as European Union Law, that presents a new area of law and that it is still in progress, the Criminal Law EU, as part of thanks, of course, also it is developing, and we can freely say, just its doors are open to development within the Europe Union. Undoubtedly, the developments within the European Union have become imperative of time and the development of criminal law of the European Union. The development of this area, of course, is dictated by the development of European Law itself, or says the right, the European Union itself. Depending on it, the European Union will be such a supranational structure of what else is now, or will undergo changes and become a Federal State, or another form more unified, obviously, will change the legislation. Taking into consideration the importance of this area of law, and necessity, which is created for cooperation among states to combat organized crime, and especially terrorism, certainly in the near future we can have a Criminal Code European and a European code of Criminal Procedure, namely, a codification of European criminal field. The European Union continued on his journey, has evolved unification of his legislation, therefore, and has a reason to believe that the criminal justice field may be unique in the European Union. In this paper, it is discussed the development of European criminal law, starting with birth and its historical development, until the last treaty of the European Union, the Treaty of Lisbon.
Development of criminal jurisdiction of the European Union
Juridical Analytical Journal, 2021
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 mad...
Specialized Administrative Law of the European Union - A Sectoral Treatment , 2019
This book chapter (co-authored with Valsamis Mitsilegas) analyses the administrative dimension of European Criminal law. Emphasis is placed on agencies, bodies and transnational networks in this context, as well as administrative procedures.