具体描述
European criminal law deals with a multilayered patchwork of legislation and case law in which both national and European courts and other authorities and bodies play a role. It is a hybrid system with common notions and values which justifies its classification as a separate field of law. It is an evolving area of law; a field of law in transition. Most powers of the European Union, in the field of criminal law, are not exclusive, but jointly executed with the Member States. Norms have been formulated on the European level, with their implementation and enforcement taking place on the national level. This is, for instance, the case with prohibition of insider dealing. This book presents a coherent picture of the influence of EU law in national criminal law and criminal procedure, and it sketches the contours of the emerging European criminal justice system of the EU. Therefore, European criminal law is interpreted as a multilevel field of law in which the EU has normative influence on either substantive criminal law, on criminal procedure, or on the cooperation between Member States supplemented by the area in which the EU enforces criminal law directly. The book conveys the understanding of European criminal law as a field of law in which there is by definition an overlap between EU law and national law. To this end, it combines a top-down approach (perspective of the EU) with a unique bottom-up approach (perspective from the national criminal justice system) — whereas most books on European criminal law only deal with the top-down approach.
作者简介
Prof.mr. A.H. Klip is hoogleraar straf(proces)recht en internationaal strafrecht aan de Universiteit Maastricht.
目录信息
LIST OF ABBREVIATIONS
CHAPTER 1. INTRODUCTION
1. European Criminal Law
2. The Structure of the Book
3. The Treaty of Lisbon and Th e Use of Terminology
4. Methodology and Characterisation of the Law
5. Conclusion of the Manuscript
PART I - THE LEGAL ORDER OF THE UNION
CHAPTER 2. INSTITUTIONAL FOUNDATIONS OF THE EUROPEAN UNION
1. Introduction
2. From the European Coal and Steel Community to the European Union
3. Two Converging Areas: Th e Internal Market and the Area of Freedom, Security and Justice
4. European Integration
5. Institutions, Agencies, Bodies and Offices
CHAPTER 3. CONSTITUTIONAL PRINCIPLES OF UNION LAW
1. Introduction
2. Legal Acts of the Union
3. Rules on the Enforcement of Union Law
4. Substantive Rules of Union Law: Th e Five Freedoms
5. Th e Interpretation of Union Law
PART II - CRIMINAL LAW IN THE EUROPEAN UNION
CHAPTER 4. EUROPEAN SUBSTANTIVE CRIMINAL LAW
1. Introduction
2. Legislative Competences of the Union in Criminal Law
3. General Part Fragments
4. Special Part – Eurocrimes
5. A European Criminal Policy?
6. Implementation into National Criminal Law
CHAPTER 5. EUROPEAN CRIMINAL PROCEDURE
1. Introduction
2. The General Principles of Union Law
3. The Right to Prosecute
4. To Prosecute or Not to Prosecute?
5. Investigations, Coercive Measures and Evidentiary Matters
6. Sui Generis Measures: Freezing Orders, Sanctions and Boycotts
7. Th e Scope and Form of the Criminal Proceedings
8. National Implementation and Preliminary References
CHAPTER 6. EUROPEAN SENTENCING AND PENITENTIARY LAW
1. Introduction
2. Penalties to Be Provided Under National Law
3. Sentencing Criteria
4. The Character of Punishment and the Treatment of Sentenced Persons
PART III - EUROPEAN CO-OPERATION AND EUROPEAN ENFORCEMENT
CHAPTER 7. BILATERAL CO-OPERATION IN CRIMINAL MATTERS
1. Introduction
2. The Historical Development of Co-Operation in Criminal Matters
3. Models of Co-Operation
4. Forms of International Co-Operation
5. Extra-Territorial Investigations and Self-Help
6. Th e Position of the Defence in Co-Operation in Criminal Matters
CHAPTER 8. MULTI-LATERAL CO-OPERATION AND DIRECT ENFORCEMENT
1. Introduction
2. Multi-Lateral Co-Operation
3. Direct Enforcement
4. The Position of the Defence in Multi-Lateral Co-Operation and Direct Enforcement
5. The Emergence of Co-Ordinated European Investigations
PART IV - THE CHALLENGES OF EUROPEAN CRIMINAL LAW
CHAPTER 9. RETHINKING EUROPEAN CRIMINAL LAW
1. Introduction
2. The Convergence of the Internal Market and the Area of Freedom, Security and Justice
3. Rights for Citizens and Rights for Member States
4. Freedom of Movement and Equal Treatment as the Fift h Freedom
5. Mutual Recognition: From a State Approach to a Union Approach
6. Human Rights in the Union Legal Order
7. The Emergence of a European Criminal Justice System
8. Union Law as Common Law
9. Sincere Co-Operation and Enforcement Through Criminal Law
10. The General Principles of the Union's Criminal Law
11. The Uniform Interpretation of the Law and the Diverging Application of the Law
12. The Added Value of Transfer of Proceedings
13. The Model for the European Public Prosecutor's Office
14. Fundamental Aspects of the National Criminal Justice System
Annexes
Table of cases
Table of legislation
Selected bibliography on european criminal law
Literature on European criminal law in the member states
Relevant websites
Tables of equivalences
Index
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