Criminal Law European Union Law

EU Criminal Law and Policy: Values, Principles and Methods

Edited by Joanna Beata Banach-Gutierrez · Christopher Harding
Routledge August 2016

Specifications

ISBN-13
9781138914889
Publisher
Routledge
Publication
August 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary.

This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of ‘criminal law’, its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level.

Taking up such subjects as national boundaries, effective enforcement, and restorative justice, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

Table of Contents

1. Introduction, Joanna Banach-Gutierrez and Christopher Harding

Part 1:The search for principle, direction and coherence
2. The effect of the civilising process on penal development in the EU, Jaroslaw Utrat-Milecki
3. EU Criminal Law : National Boundaries and the European Penal Rainbow, Christopher Harding and Joanna Banach-Gutierrez
4. Towards a principle European criminal policy: the significance of ultima ratio, Raimo Lahti
5. Theorising Criminalisation: the Challenges posed by the EU, Estella Baker 6. Ineffective EU criminal law ? A critical examination of the use of criminal law to achieve effective enforcement, Vanessa Franssen
7. The marginalisation of European criminal law: proportionality, subsidiarity and principled public priority policies, Hendrik Kaptein

Part 2: Stocktaking progress, achievements and prospects
8. The EU criminal intelligence model, Artur Gruszczak
9. Victims as individuals with rights in the European Union, Begona Vidal Fernandez
10. The role of the European Public Prosecutor and the prospect for restorative justice in EU criminal policy and law, Constantina Sampani
11. Exploring the case to criminalise business cartels in Europe, Patrick Gunsberg
12. The protection of financial markets against manipulation: implementation in Polish law, Anna Blachnio-Parzych
13. Transposing EU legislation into UK criminal law: finding the trail, Jennifer Edwards
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