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Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future

Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future

Author: Vanessa Franssen; Christopher Harding
Publisher: Hart Publishing
ISBN: 9781509932863

Published In: February 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509957262

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This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.

Introduction: Criminal versus Quasi-criminal Enforcement – Setting the Scene

Vanessa Franssen, University of Liège, Belgium and Christopher Harding, Aberystwyth University, UK

PART I. THE ORIGINS OF QUASI-CRIMINAL ENFORCEMENT MECHANISMS: A COMPARATIVE JOURNEY THROUGH EUROPE

1. The Origin and Development of Quasi-criminal Enforcement Mechanisms in Europe: Nordic Perspective

Raimo Lahti, University of Helsinki, Finland

2. Swiss Peculiarities of the Enforcement Mechanisms in Core, Secondary and Administrative Criminal Law

Nadine Zurkinden, University of Zürich, Switzerland

3. Quasi-criminal Enforcement Mechanisms in Germany: Past and Present

Dominik Brodowski, Saarland University, Germany

4. Quasi-criminal Sanctions in Central Europe – Their Origins and Evolution

Anna Blachnio-Parzych, Kozminski University, Poland

5. The Interplay between Criminal and Quasi-criminal Enforcement Mechanisms in the UK Context Explored through the Prism of 'Market Abuse': Current Approaches and Historical Perspectives

Sarah Wilson, University of York, UK and Gary Wilson, Nottingham Trent University, UK

PART II. CRIMINAL, CIVIL, ADMINISTRATIVE … WHAT'S IN A NAME? DISENTANGLING CONCEPTS, SELECTED TOPICS

A. General Part of Criminal Law

6. Quasi-criminal Enforcement in Criminal Law and Penal Theory: What Would Herbert Packer Say?

Christopher Harding, Aberystwyth University, UK

7. Four Dimensions of Nulla Poena Sine Culpa: The Principle of Individual Culpability in Contexts of Criminal and Quasi-criminal Law Enforcement in Europe

Ferry de Jong, Utrecht University, Netherlands

8. Non-conviction Based Confiscation: Moving the Confiscation of Criminal Proceeds from the Criminal to the 'Civil' Sphere: Benefits, Issues and Two Procedural Aspects

Johan Boucht, University of, Norway

B. Special Part of Criminal Law

9. 'Crimmigration' and Human Rights: Immigration Detention at the European Court of Human Rights

Maria Pichou, Leiden University College, Netherlands

10. Cartel Offences: Quasi-criminal Enforcement for Criminal Behaviour?

Sophie De Sanctis, University of Luxembourg

11. Protection of Procedural Rights in Administrative and Criminal Proceedings: The Case of the Privilege against Self-incrimination in Belgian Customs Law

Ana Laura Claes, University of Liège, Belgium and Marie Horseele, KU Leuven, Belgium

PART III. TOWARD A MORE COHERENT TERMINOLOGICAL FRAMEWORK IN EUROPE

12. Two Forms of Smudge: An ECtHR Perspective on the Blurring of Boundaries between Criminal and Administrative Law

Katja Šugman Stubbs, University of Ljubljana, Slovenia

13. The EU Legislature's Balancing Exercise between Practical Concerns and Conceptual Divisions

Tamás Lukácsi, European Parliament

14. Criminal and Quasi-criminal Enforcement Mechanisms: Proposal for a More Coherent European Approach

Christopher Harding, Aberystwyth University, UK and Vanessa Franssen, University of Liège, Belgium

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