Criminal law has considerably evolved in the last few decades. A number of new trends have challenged the traditional features of "modern criminal law". One of the new trends affecting criminal justice systems is the so-called "Europeanisation process", which is the result of the growing intervention of the EU in the area of criminal Law. Another new trend which criminal law and other legal disciplines are facing is the increasingly blurred dividing line between legal categories.
Various dimensions of this unclear division between categories have been identified in legal literature, in particular between administrative and criminal law. This book aims to study the combination of the two abovementioned trends and their impact on criminal justice systems. The hazy line between administrative and criminal law has been around fora white and has Brown independently of the European Union.
Up until now, it has mainly been analysed at the national level in a sector by sector approach. This research aims to go beyond such an approach to the topic and sets a systematised assessment of the situation in motion. The main questions that this book tackles are whether and to what extent the EU contributes to the blurred line and whether it tries to restrict it, hold it in check and/or organise it.
In order to reflect upon such issues, the book is divided into two parts. The first part focuses on an analysis of selected case studies, namely different types of crimes where the EU plays an increasing rote : trafficking in human beings, terrorism, protection of the EU's financial interests, market abuse, environmental offences and competition. These case studies are ordered into four different categories based on how broad and significant the intervention of administrative measures/actors is in the fight against crime.
The second part of the book is of a more general nature. Following an article concerning the organisation of the coexistence of administrative and criminal law at the national level, the other contributions focus on the EU level and aim to assess the influence of the EU on the existence and development of the hazy line between administrative and criminal law. Most of them show that the EU somehow contributes to the lack of clarity.
They tend to identify the main reasons for this and the potential problems caused by the blurred line in terms of individual procedural safeguards and the effectiveness of the fight against crime. This book is the result of cooperation within an international team mainly composed of academics and researchers who are members of ECLAN (the European Criminal Law Academic Network) and of practitioners working at the national or EU level.
La lutte contre le terrorisme : ses acquis et ses défis.
La lutte contre le terrorisme est multidimensionnelle. L'ouvrage l'examine sous toutes ses formes, dans le cadre européen et aux niveaux international et national. Il se penche tant sur la prévention que sur la répression.
It was in the seventies that the first steps in the field of judicial cooperation in criminal matters between Member States of the European Communities were taken. The realizations in the field were at first limited, but since the nineties they progressively developed in the framework of the third pillar of the Treaty on the European Union and even more following the entry into force of the Amsterdam Treaty, whose aim was establishing an area of freedom, security and justice. Since 1 May 1999, the number of initiatives and of adopted instruments has largely increased. The rhythm accelerated even more with the beginning of the new millennium, notably in reaction to the terrorist attacks of 11 September 2011. After the entry into force of the Lisbon Treaty, the European penal area has been developing itself in a new institutional and decisional framework, subject to the community method. The importance of this area, along with the number and the implications of the adopted texts in the field, justify the realization of this Code. This volume is the best proof of the degree of development of the European penal area and of the fact that is has become one of the main « building sites » of the Union.
This edited volume, which has been drafted in honour of Professor Telò's research career, offers the reader an overview of the various scientific debates that he has been involved in throughout his distinguished career. The aim was to highlight, contextualise and build on his most innovative contributions to each of these debates. The volume revolves around four thematic areas, each of which brings together a number of contributions that offer timely reflections on a given question or challenge covered by Professor Telò's research. The first section, 'Reflections on the Future of Social Democracy in Europe', brings together chapters on the efficiency and legitimacy crisis facing contemporary social democracies, be it at the European or national levels. The second section, 'Reflections on the Prospects for European Governance', offers the reader a cross-section of assessments on the state of the European polity, its politics and the policies that it produces, notably in the light of recent institutional reforms and crises. The third section, 'Reflections on the Implications of Multilateralism and Multipolarism for Europe', explores how both regional experiences in general and the EU's external action in particular have reacted to a rapidly changing international environment. The fourth and final section, 'Reflections on the Lessons drawn from Engaged Research in Europe', takes a step back and considers the role of the researcher in the evolving and challenging environment sketched out in the preceding sections. It focuses both on how to approach such a complex area of research as the EU as well as how to reconcile academic distance with societal engagement when working on controversial topics.
This book is a poweful contribution to the understanding of what may be called ther third phase of cooperation in criminal justice in the European Union. Prof. Perdro Caeiro, University of Coimbra.
The number and the implications of the adopted texts in the European penal domain justify the making of the present Code. Its volume is the best proof of the reached development of the European criminal area.
