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European Criminal Law

European Criminal Law

By Geert Corstens, Jean Pradel
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Overview
European criminal law is a recent concept, one which does not appear to have been previously compiled; it is also a discipline of the future. At a time when a united Europe is still being formed while crime is becoming a multinational operation, it is impossible to avoid the creation of a pan-European body of criminal law, despite the fact that the concept of individual nationhood continues to exist within Europe. This is the reason for the gradual but certain development of a European system of penal law under the aegis of political bodies such as the Council of Europe, the European Union and the Schengen Area.

The guiding principles behind this new system of criminal law are those of greater mutual assistance in law enforcement between States and approximation of national legislation. More specifically, there are three facets to European criminal law:

  • co-operation between the law enforcement bodies and police forces in the States;
  • human rights, a field which is by no means restricted to criminal law but within which criminal law is of prime importance; and
  • the laws of the European Union which, without being criminal in principle, nevertheless involve many incidents of a potentially criminal nature.

    These three aspects of European criminal law have already resulted in the signing of numerous treaties as well as intense activity on the part of two Europe-wide courts, the European Court of Human Rights and the European Court of Justice.

  • Publish Date 02/01/2002
    Product Line Kluwer Law International
    ISBN 9789041113627
    SKU 10057752-0001
    Table of Contents
    Foreword , Abbreviations, Introduction Part One: European Inter-state Co-operation in Criminal Matters (Council of Europe and the European Union) Title 1: Co-operation in General Matters Chapter 1: Primary Mutual Assistance Chapter 2: Secondary Mutual Assistance Title 2: Co-operation in Special Applications Chapter 1: Conventions Relating to Certain Offences Chapter 2: Conventions Relating to Certain Individuals Part Two: Criminal Law And The European Convention On Human Rights (Council of Europe) Title 1: The Human Rights Jurisdictions: A Study of the European Court of Human Rights Title 2: Content of Human Rights Chapter 1: Paramount Rights Chapter 2: Procedural Rights Part Three: Criminal Law and Community Law (European Union) Title 1: Bodies And Institutions Title 2: The Sources Chapter 1: Fonnal Diversity of the Sources Chapter 2: Actual Uniformity Behind The Sources: Respect For Fundamental Rights Title 3: Operation (The positive and negative effects of Community legislation on national criminal law) Chapter 1: The Negative Effect: The Incompatibility of the Provisions of National Law with Community Law Chapter 2: The Positive Effect: Obligations of Member States with respect to Criminal Law Appendix I: Glossary Appendix II: European Convention of Human Rights and its protocols Appendix III: Consolidated Version of the Treaty on European Union Alphabetical index, Table of contents

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