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

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Opinion of Advocate General Ruiz-Jarabo Colomer, Case C-176/03 Commission v Council [2005] ECR I-7881. Opinion of Advocate General Jan Mazak, Case C-440/05 Commission v Council [2007] ECR I-9100. Opinion of Advocate General Ruiz Jarabo Colomer, Case C-303/05 Advocaten voor de Wereld [2007] ECR I 3633. Opinion of Advocate General Ruiz-Jarabo Colomer, Case C-297/07 Bourquain [2008] ECR I-09425. Opinion of Advocate General Eleanor Sharpston, Case C-467/04 Criminal proceedings against Gasparini [2006] ECR I-09199. Cases from the European Court of Human Rights Judgement of the EcHR of 8 June 1976, Engel and others v. the Netherlands, A 22. Judgement of the EcHR of 21 February 1984, Öztürk v. Germany, A 73. Judgement of the EcHR of 7 July 1989, Soering v. UK, No 14038/88. Cases from national courts Czech Republic Judgment of the Czech Constitutional Court on the European Arrest Warrant No. Pl. ÚS 66/04, 3 May 2006. France Avis du Conseil d’État nº 368-282, 26 September 2002. Germany Judgment of the Second Senate of the Federal Constitutional Court of Germany on the European Arrest Warrant, 18 July 2005, Zitierung: BVerfG, 2 BvR 2236/04 vom 18.7.2005, Absatz-Nr. (1 - 203). Judgment of the Second Senate of the Federal Constitutional Court of Germany on the Treaty of Lisbon, 30 June 2009, Zitierung: BVerfG, 2 BvE 2/08 vom 30.6.2009, Absatz-Nr. (1 - 421). Poland Judgment of the Polish Constitutional Court on the European Arrest Warrant, P 1/05, 27 April 2005. Council of Europe documents Council of Europe European Convention on Extradition, ETS No24, 13 December 1957. European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 1964. European Convention on the International Validity of Judgments of 1970. Council of Europe Convention on the Transfer of Sentenced Persons, Strasbourg, 21 March 1983. Council of Europe, Recommendation 1044 (1986) on international crime, Assembly debate on 20 September 1986 (14th Sitting) para 1. Council of Europe, Report on International Crime, Parliamentary Assembly, Legal Affairs Committee, AS/Jur. (38) 14, 1985-86. 294
Agreement on the Application between the Member States of the European Communities of the Council of Europe Convention on the Transfer of Sentenced Persons of 1987. Protocol to Convention on Transfer of Sentenced Persons of 1983, of 1997. United Nations documents UN Report covering Germany, Italy, Poland and the UK – E. Savona, Organised crime across-borders, The European Institute for crime prevention and control, affiliated with the United Nations, HEUNI Papers N 6, 1995. Convention against Transnational Organised Crime, 15 November 2000; A/RES/55/25. Protocol to Prevent Suppress and Punish Trafficking in Persons, especially women and children, supplementing the United Nations Convention against Transnational Organised Crime, A753/383, Annex II, 2000. National Reports and other national documents Home Office, ‘Home Office Circular 153/77: Conference of EEC Ministers of the Interior’, 1977. House of Commons, Home Office Select Committee, Practical Police Cooperation in the European Community, Seventh Report, Session 1989-90, HC 363, 1990. Ministry of Justice, Crime Victimisation in the Industrialised World, Key Findings of the 1989 and 1992 International Crime Surveys, United Nations Interregional Criminal Justice Research Institute – UNICRI - Rome, November 18-20, 1992. UK Delegation, ‘Note from UK Delegation to the K4 Committee, Document 7090/99 submitted to the K4 Committee’, Brussels, 29 March 1999. House of Lords, Select Committee on the European Union, Prosecuting Fraud on the Communities’ Finances – the Corpus Iuris, Ninth Report, 18 May 1999. House of Lords – European Union Committee, The Treaty of Lisbon: an impact assessment, Volume 1 – Report, HL Paper 62-I, 13 March 2008. House of Lords, European Union Committee, 9th Report of Session 2008-09, ‘Procedural Rights in EU criminal proceedings – an update, Authority of House of Lords, 11 May 2009. House of Lords, European Union Committee, 30 th Report of Session 2010-12, The European Union’s Policy on Criminal Procedure, Authority of the House of Lords, 26 April 2012. National Legislation Denmark Law No 433 of 10 June 2003 amending the Law on the extradition of offenders and the Law on the extradition of offenders to Finland, Iceland, Norway and Sweden (transposition of the Council Framework Decision on the European arrest warrant, etc.). Italy Disposizioni per conformare il diritto interno alla decisione quadro 2002/584/GAI del Consiglio, del 13 giugno 2002, relativa al mandato d'arresto europeo e alle procedure di consegna tra Stati membri. 295
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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
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Conclusion The introduction and dev
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Chapter 6 Conclusion: Towards a Eur
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Measures adopted along these narrat
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Page 245 and 246: persons acting together; in the fra
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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 and 288: Proposals Portuguese Republic, Init
Page 289 and 290: supervision order in pre-trial proc
Page 291 and 292: Council Doc. 9067/06 on the Proposa
Page 293: Case C-186/98 Criminal proceedings
Page 297: Websites and links http://www.eurow
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