In articles by legal scholars from six countries, the ongoing harmonization of criminal law in Europe is analysed from different perspectives. Through an examination of the rapid progress in European Union Law in this area, both the harmonization of substantial criminal law provisions and criminal penalties is shed light on. The development in criminal law cooperation is also accentuated, especially the breakthrough of the principle of mutual recognition and the proposal to establish a European Prosecutor. Special attention is given to the Schengen Agreement, the role of Europol and the more general influence of the harmonizing processes on European states remaining outside the EU. Conclusively, the challenges presented by a transnational criminal procedure to the preservation of human rights, are examined. The articles are based on lectures given at a colloquium in Bergen (Norway).
CHAPTER I. INTRODUCTION (p. 1)
CHAPTER II. PERSPECTIVES OF THE HARMONIZATION OF CRIMINAL LAW AND CRIMINAL PROCEDURE IN THE EUROPEAN UNION (p. 5)
CHAPTER III. MUTUAL RECOGNITION AND THE DEVELOPMENT OF CRIMINAL LAW COOPERATION WITHIN THE EU (p. 23)
CHAPTER IV. CHANGES IN CRIMINAL LAW AND COOPERATION THROUGH, IN PARTICULAR, THE SCHENGEN AGREEMENT AND EUROPOL: POSSIBILITIES, PROBLEMS AND INFLUENCE IN STATES OUTSIDE THE EUROPEAN UNION (p. 41)
CHAPTER V. THE IMPLEMENTATION OF NEW RULES ON TERRORISM THROUGH THE PILLARS OF THE EUROPEAN UNION (p. 53)
CHAPTER VI. HARMONIZATION OF CRIMINAL SANCTIONS IN THE EUROPEAN UNION – CRIMINAL LAW SCIENCE FICTION (p. 79)
CHAPTER VII. THE PROPOSAL TO ESTABLISH A EUROPEAN PROSECUTOR (p. 103)
CHAPTER VIII. NEW EU COMPETITION RULES IN A CRIMINAL LEGAL CONTEXT (p. 119)
CHAPTER IX. MAINTAINING HUMAN RIGHTS IN THE PROCESS OF HARMONIZING EUROPEAN CRIMINAL LAW (p. 147)
The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Groningen, the Netherlands).
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