The constitutional dimension of European criminal law Ester Herlin-Karnell.

Format:

Book

Author/Creator:

Herlin-Karnell, Ester, author.

Series:

Modern studies in European law ; v. 30.

Modern studies in European law v. 30

Language:

English

Subjects (All):

Criminal law--European Union countries.

Criminal law.

Constitutional law--European Union countries.

Constitutional law.

Effectiveness and validity of law--European Union countries.

Effectiveness and validity of law.

Physical Description:

1 online resource (285 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2012.

Language Note:

English

Summary:

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

Contents:

Introduction

The journey of criminal law in the EU

Chasing (Traditional) effectiveness

Constitutional effectiveness : an exegesis

Case study I : EU financial crimes

Case study II : What happens in practice? The implementation of the third Money Laundering Directive in the UK and Sweden

The Lisbon Treaty : anything new under the sun?

Conclusion

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 Sweden

7 The Lisbon Treaty: Anything New Under the Sun?

8 Conclusion

Bibliography

Notes:

Originally presented as the author's thesis (doctoral)--University of Oxford, December, 2009

Includes bibliographical references (pages [241]-258) and index

ISBN:

9781847319548

1847319548

9781472566041

1472566041

9781283657846

1283657848

9781847319531

184731953X

OCLC:

813536066