Harmonization of Criminal Law in EuropeErling Johannes Husabø, Asbjørn Strandbakken Intersentia nv, 2005 - 157 páginas In articles by legal scholars from six countries, the ongoing harmonization of criminal law in Europe is analysed from different perspectives. Through an examination of the rapid progress in European Union Law in this area, both the harmonization of substantial criminal law provisions and criminal penalties is shed light on. The development in criminal law cooperation is also accentuated, especially the breakthrough of the principle of mutual recognition and the proposal to establish a European Prosecutor. Special attention is given to the Schengen Agreement, the role of Europol and the more general influence of the harmonizing processes on European states remaining outside the EU. Conclusively, the challenges presented by a transnational criminal procedure to the preservation of human rights, are examined. The articles are based on lectures given at a colloquium in Bergen (Norway). |
Índice
CHAPTER II | 5 |
Present State of Harmonization | 13 |
CHAPTER III | 23 |
Preliminary Rulings from the European Court of Justice | 36 |
General Features and the Specific Situation of Switzerland | 42 |
Consequences Critical Points and Balance | 48 |
CHAPTER V | 53 |
The Blacklisting of Terrorists and Terrorist Organizations | 66 |
The Green Paper | 90 |
Harmonization of Penalties as Regarded in Scholarly Research | 96 |
CHAPTER VII | 103 |
About the Necessity for a European Prosecution Service | 109 |
Summary | 118 |
SelfIncrimination | 124 |
Search and Inspections | 138 |
The Distribution of Powers between the Commission and | 144 |
Some General Features | 73 |
CHAPTER VI | 79 |
Fundamental Rights in a Similar Spirit | 85 |
In Whom and What Should We Trust? | 150 |
Términos y frases comunes
according action activities acts Agreement application apply Article assistance authorities blacklisting chapter clear Commission Community competence competition concept concerning considered Constitution Convention cooperation Council countries Court crime criminal justice criminal law criminal procedure Danish definition discussion ECHR effective enforcement established Europe European Arrest Warrant European criminal European Union evidence example existing fact final follows Framework Decision further Germany Green Paper harmonization human rights implementation important individual inspections interests issues judgment judicial justice least legislation matters means measures Member mutual recognition necessary obligation offences particular penalties person pillar powers practice present principle problems proposal Prosecution protection provisions punishment pursuant question reasons references regards Regulation relation require respect role rules sanctions Schengen sentencing Service specific supra note taken terrorism terrorist third Treaty undertakings violation ZStW