The evolution of European Union criminal law (1957-2012)

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European Commission, Proposal for a Council Framework Decision amending Framework Decision 2002/475/JHA on combating terrorism, COM(2007)650 final, Brussels, 6 November 2007. Federal Republic of Germany and French Republic, Initiative of the Federal Republic of Germany and of the French Republic with a view to adopting a Council Framework Decision (2997/…/JHA) of… on the recognition and supervision of suspended sentences, alternative sanctions and conditional sentences, OJ C 147/01 [2007]. Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the Republic of Austria, the Republic of Slovenia and the Kingdom of Sweden for a Directive of the European Parliament and of the Council of... regarding the European Investigation Order in criminal matters, OJ C 165/02 [2010]. European Parliament and Council of the European Union, Proposal for a Directive of the European Parliament and of the Council on attacks against information systems and repealing Council Framework Decision 2005/222/JHA, COM(2010)517 final, Brussels, 30 September 2010. Proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest, COM(2011)326final, 8 June 2011. European Parliament and Council of the European Union, Proposal for a Directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation, COM(2011)654 final, Brussels, 20 October 2011. European Commission, Proposal for a Directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union, COM(2012) 85 final, 12 March 2012. Proposal for a Directive of the European Parliament and of the Council on the fight against fraud to the Union’s financial interests by means of criminal law, COM(2012)363 final, Brussels, 11.7.2012. Various publications by the European Commission European Commission, 8th Report of Activities (Brussels, Luxembourg) February 1974. European Commission, Completing the Internal Market, White Paper from the Commission to the European Council, (Milan, 28-29 June 1985) COM (85) 310 final, Brussels, 14 June 1985. European Commission, Commission Communication to the Council and the European Parliament on Mutual Recognition of Final Decisions in Criminal Matters, COM(2000)495final, Brussels, 2 July 2000. European Commission, Programme of Measures to implement the principle of mutual recognition of decisions in criminal matters, OJ C 12/10 [2001]. European Commission, Green Paper on Procedural Safeguards for suspects and defendants in criminal proceedings, COM (2003) 75 final, 19 February 2003. European Commission, Green Paper on the approximation, mutual recognition and enforcement of criminal sanctions in the European Union, COM(2004)334final, Brussels, 30 April 2004. European Commission, Communication from the Commission to the European Parliament and the Council on the implications of the Court’s judgment of 13 September 2005 (Case C-176/03 Commission v Council), COM 2005/0583/final, 23 November 2005. European Commission, Green Paper in Conflicts of Jurisdiction and the Principle of ne bis in idem in Criminal Proceedings, COM(2005)696final, Brussels, 23 December 2005. European Commission, Commission’s Staff Working Document accompanying docuemtnto the Proposal for a Council Framework Decision on the European 288
supervision order in pre-trial procedures between Member States of the European Union, COM (2006)468 final, Impact Assesment, Brussels, 29 August 2006. European Commission, Commission Staff Working Document Annex to the Report from the Commission on the Implementation since 2005 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, SEC(2007)979, Brussels 11 July 2007. European Commission, Commission Staff Working Document Annex to the Report from the Commission on the implementation since 2005 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States, COM(2007)407 final, 11 July 2007. European Commission, Commission Staff Working Document accompanying document to the third Report from the Commission to the European Parliament and the Council on the implementation since 2007 of the Council Framework decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, SEC(2011) 430 final, Brussels, 11 April 2011. European Commission, Green Paper strenghtening mutual trust in the European judicial area – A Green Paper on the application of EU criminal justice legislation in the field of detention, COM(2011)327 final, Brussels, 14 June 2011. European Commission, Communication from the Commission to the European Parliament, the Council, the European Economoc and Social Committee and the Commitee of Regions, Towards an EU Criminal Policy: Ensuring the effective implementation of EU policies through criminal law, COM(2011) 573final, Brussels, 29 September 2011. Implementation reports by the European Commission European Commission, Report from the Commission to the Council and the European Parliament based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism, Brussels, 08.06.2004, COM(2004) 409, final. European Commission, Report from the Commission based on Article 14 of the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non cash means of payment, COM (2004)346 final, Brussels, 30.4.2004. European Commission, Report from the Commission to the Council and the European Parliament based on Article 10 of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings, Brussels, 02.05.2006, COM (2006)187 final. European Commission, Second Report based on Article 14 of the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment, COM (2006)65final, Brussels, 22.02.2006. European Commission, Report from the Commission, Second report based on Article 14 of the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non cash means of payment, COM(2006)65 final, Brussels, 20.02.2006. European Commission, Report from the Commission based on Article 34 of the Council Framework Decision on the European arrest warrant and the surrender procedures between Member States (revised version), COM(2006)8 final, Brussels, 24.1.2006. European Commission, Report based on Article 9 of the Council Framework Decision on combating corruption in the private sector, COM (2007)328 final, Brussels, 18.6.2007. European Commission, Report from the Commission since 2005 of the Council Framework Decision on the European arrest warrant and the surrender procedures between Member States, COM(2007)407final, Brussels, 11.7.2007. European Commission, Report from the Commission based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism, COM(2007)681final, Brussels, 6.11.2007. 289
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The London School of Economics and
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Abstract This thesis addresses the
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However, the journey of writing thi
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3. The scope of intervention: the e
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4. The emergence and development of
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Introduction: The nature of Europea
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This dissertation seeks to advance
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account as a reference. Indeed, sev
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Whilst the distinctive criteria of
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it makes sense to consider the doma
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creation of summary offences tried
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want to be talking about a simple a
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contemporary societies that primari
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influence on Member States to intro
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But what defines these Euro-crimes
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significantly broader range of crim
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legal orders that punish more sever
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enforcement agencies were keen to e
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framed. 98 The principle of direct
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obligations were further confirmed
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Moreover, other realms of interacti
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Hence, the Court, whilst recognisin
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for some understanding of the first
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“The Commission’s efforts and i
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trafficking), and especially about
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The central actors in the Trevi fra
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justice and home affairs matters un
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Likewise, the Programme of Action t
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means to repatriate third country n
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“Each Member State shall take app
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“For that purpose, whilst the cho
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limiting national criminal law, it
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“…synthesis of the arrangements
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of Action relating to the reinforce
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the single market and the consequen
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Rather limited in scope and depth,
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The need for more openness in the w
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not subject to control or enforceme
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the individual. The building of a m
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Initiatives ranged from the creatio
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etween police forces in matters of
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evenue. 298 Along the same lines, t
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identified in the TEU(M) It was see
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esponsible for the formalisation of
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Indeed, already in 1996, organised
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Finally, besides the political and
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particularly those initiatives that
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and drug trafficking, hence giving
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trade. 356 The Court continued by n
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well as the first protocol. 366 The
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crime is a fluid concept, with loos
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means of transport, telecommunicati
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Chapter 3 The evolution of European
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1. Treaty of Amsterdam: expansion a
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positions would be suited to define
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The author noted how it was adopted
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2. The new scope of European Union
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these political declarations, which
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thirty years and epitomises and imp
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phenomenon and of the multifaceted
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within the scope of instruments alr
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Furthermore, the criminalisation of
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interests (in this case the single
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More notably, the most significant
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The Court decided with the Commissi
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Regardless of the Court having plac
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in particular fields, thus solidify
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However, competence to enact legisl
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months) to third-country national v
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derogations); 525 others proposed f
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ecognition of national sentences, p
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2. The features of the new supranat
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criminal matters and, if necessary,
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with a cross border dimension. Ther
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question of ‘why criminal law’,
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e affected by ECL law. 562 This dec
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Chapter 4 Harmonisation of national
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Harmonisation was felt to be necess
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matters. Indeed, the European Union
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This provision portrays a criminal
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“a structured group of three or m
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development is in line with the rea
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economic loss; (e) seizure of aircr
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Framework Decision, which obliged t
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possession, among others. 630 A stu
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Again, the EU’s provision was bro
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liability is a sensitive issue whic
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3.2. A focus on minimum maximum pen
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the threshold demanded by EU law. T
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of ensuring a degree of homogeneity
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Framework Decision on trafficking i
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inging about a harsher criminal law
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extraterritoriality to nothing less
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development of the single market -
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“(… )involves the recognition o
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These changes in extradition across
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arguments against extradition of na
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To be sure, concerns with fundament
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text of the preamble does not amoun
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States should not have to use their
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e partly explained by the fact that
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“Confidence in the application of
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2007, Polish authorities requested
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With these judgements, the Court st
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does not deem the acts in question
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discretion in Title VI TEU(A), one
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Such reasoning led the Court to con
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was committed by a national abroad
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Furthermore, the list of types of o
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“without any further formality be
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An EEW can only be issued with the
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“The competent authorities in the
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prisoners with the view of ‘facil
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The preamble explains this choice b
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3.3.3 Probation and alternative san
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prosecuted elsewhere in the EU. Rat
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of drugs between two Schengen count
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definitely bar further prosecution
Page 237 and 238: Conclusion The introduction and dev
Page 239 and 240: Chapter 6 Conclusion: Towards a Eur
Page 241 and 242: Measures adopted along these narrat
Page 243 and 244: implementation of Union policies. 9
Page 245 and 246: persons acting together; in the fra
Page 247 and 248: policies appeared as the main crite
Page 249 and 250: preceding any legislative proposal,
Page 251 and 252: suggests that mutual recognition wi
Page 253 and 254: clear in relation to the EAW. In fa
Page 255 and 256: It is beyond the scope of this thes
Page 257 and 258: Furthermore, Article 6 TEU(L) confe
Page 259 and 260: that may endanger his or her life,
Page 261 and 262: communication upon arrest 1012 is u
Page 263 and 264: penal values in the future. Similar
Page 265 and 266: Member State of execution, irrespec
Page 267 and 268: as how long the individual concerne
Page 269 and 270: 6. A renewed challenge for coherenc
Page 271 and 272: Bibliography Books and articles Aba
Page 273 and 274: Deen-Racsmany, D., “The European
Page 275 and 276: Hinarejos, A., Spencer, J.R., and P
Page 277 and 278: Xanthaki (eds) Towards a European C
Page 279 and 280: Szymanski, J., “Discretionary Pow
Page 281 and 282: Legislation and other sources by ty
Page 283 and 284: Council Directive 91/477/EEC of 18
Page 285 and 286: Joint Action 96/602/ JHA of 14 Dece
Page 287: Proposals Portuguese Republic, Init
Page 291 and 292: Council Doc. 9067/06 on the Proposa
Page 293 and 294: Case C-186/98 Criminal proceedings
Page 295 and 296: Agreement on the Application betwee
Page 297: Websites and links http://www.eurow
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