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The Constitutional Dimension of European Criminal Law: Modern Studies in European Law

Autor Ester Herlin-Karnell
en Limba Engleză Hardback – 30 mai 2012
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.
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Specificații

ISBN-13: 9781849461764
ISBN-10: 1849461767
Pagini: 284
Dimensiuni: 156 x 234 x 14 mm
Greutate: 0.59 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Modern Studies in European Law

Locul publicării:London, United Kingdom

Caracteristici

This book considers the ever-important and rapidly changing phenomenon of EU criminal law.Written in a clear and measured way the book analyses the role of the axiom of effectiveness in the European Court of Justice.The author suggests that as criminal law expand the balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance but this has not yet been fully articulated or entrenched by the institutions of the EU.

Notă biografică

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.

Cuprins

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

Recenzii

The merits of this work are manifold. The subject matter of the book is original as it offers the first example of examination of EU criminal law institutional aspects. The prose is fluid, rich in metaphors and expressions that catch and keep the reader's attention. The structure of the book, organized into eight chapters, is clearly outlined at the beginning and often recalled and re-explained through several helpful intermediary conclusions. Moreover, the author shows an appreciable mastery of both traditional European law concepts and criminal law axioms. What results is an extremely rich and articulated discussion on their interaction, with an impressive amount of case law and references included.

Descriere

Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. This book explores the constitutional principles underlying it, substantively and in terms of its scope and extent.