The Constitutional Dimension of European Criminal Law

1. Auflage 2012
ISBN: 978-1-84946-176-4
Verlag: Hart Publishing

Buch, Englisch, Band 30, 284 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 581 g

Reihe: Modern Studies in European Law

Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.

Autoren/Hrsg.

Herlin-Karnell, Ester

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Straf- und Strafverfahrensrecht
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Öffentliches Recht (inkl. EMRK)

Inhaltsverzeichnis

1 Introduction 2 The Journey of Criminal Law in the EU 3 Chasing (Traditional) Effectiveness 4 Constitutional Effectiveness: An Exegesis 5 Case Study I: EU Financial Crimes 6 Case Study II: What Happens in Practice? The Implementation of the Third Money Laundering Directive in the UK and Sweden7 The Lisbon Treaty: Anything New Under the Sun? 8 Conclusion Bibliography

Über Autor(innen)

Herlin-Karnell, Ester
Ester Herlin-Karnell is a University Lecturer in EU law at the Free University of Amsterdam (VU) and the co-director of the VU Centre for European Legal Studies.

Ester Herlin-Karnell is a University Lecturer in EU law at the Free University of Amsterdam (VU) and the Co-Director of the VU Centre for European Legal Studies.