European Law Journal最新文献_第7页

Taking the normative foundations of EU criminal law seriously: The legal duty of the EU to criminalise failure to rescue at sea 认真对待欧盟刑法的规范基础:欧盟将海上救助失败定为刑事犯罪的法律义务

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-02-15 DOI: 10.1111/eulj.12455

Elspeth Guild, Valsamis Mitsilegas

{"title":"Taking the normative foundations of EU criminal law seriously: The legal duty of the EU to criminalise failure to rescue at sea","authors":"Elspeth Guild, Valsamis Mitsilegas","doi":"10.1111/eulj.12455","DOIUrl":"10.1111/eulj.12455","url":null,"abstract":"<p>This contribution argues in favour of the use of Article 83(2) TFEU to adopt a Directive criminalising failure of rescue at sea. We explain how and why the EU's legal duty to comply with its obligations under Article 98 of the UN Convention on the Law of the Sea ought to translate into the adoption of a Directive requiring Member States to criminalise all action contrary to Article 98 UNCLOS on the basis of Article 83(2) TFEU. The criminalisation of failure to rescue at sea would not only allow for the EU to abide by the fundamental legal rules that shape its order but also be consistent with the two rationales that have guided European integration so far: a functional rationale, whereby the Union has competence to adopt criminal offences and impose criminal sanctions where approximation proves essential to ensuring the effective implementation of a Union policy in an area which has been subject to harmonisation measures, and a constitutional rationale, according to which criminal law is key to ensuring respect for EU common values and fundamental rights.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"27 4-6","pages":"502-504"},"PeriodicalIF":1.9,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12455","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42559127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

European integration in context: Questioning the normative foundations of European criminal law; In this issue 欧洲一体化背景：质疑欧洲刑法的规范基础；在本期中

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-02-15 DOI: 10.1111/eulj.12453

Jacob Öberg, Valsamis Mitsilegas, Karine Caunes

引用次数: 1

The emerging role of the EU as a primary normative actor in the EU Area of Criminal Justice 欧盟作为欧盟刑事司法领域主要规范行为体的新兴作用

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-02-15 DOI: 10.1111/eulj.12450

Irene Wieczorek

{"title":"The emerging role of the EU as a primary normative actor in the EU Area of Criminal Justice","authors":"Irene Wieczorek","doi":"10.1111/eulj.12450","DOIUrl":"10.1111/eulj.12450","url":null,"abstract":"<p>This article explores the role and justifications for EU action in the EU Area of Criminal Justice, also relying on a comparison with the justifications for EU action in the internal market. It distinguishes between a role for the EU as a subsidiary policy actor and as a primary policy actor. By substantiating both models, the article illustrates how the model of the EU as a subsidiary policy actor has been challenged by legislative and judicial developments in the internal market and how these trends were particularly accentuated in the EU Area of Criminal Justice. The EU increasingly regulates areas of non-cross-border crime, as can be appreciated by the shape and the implementation of the competence to harmonise definitions of crimes. And the Court of Justice has unequivocally extended the application of EU criminal law, both substantive and procedural, to internal cases. The article argues that such developments, which build on pre-existing trends in the internal market field, are inevitable in the EU Area of Criminal Justice due to the inherent fundamental rights' sensitive nature of criminal law. A subsidiary, piecemeal approach in criminal justice might safeguard national regulatory autonomy but is hardly affordable as it would challenge general principles of criminal law. Relying only on “legal cross-borderness” as a criterion to justify EU definition of crimes would neglect the harm principle and the legal interest principle. Legal creativity that would stem from limiting EU intervention and safeguarding regulatory competition can be fostered by enlarging EU regulatory tools in this area codifying also decriminalisation competences. Moreover, limiting the application of EU criminal law to only cross-border cases is at odds with the principle of legality in criminal matters and of equal treatment.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"27 4-6","pages":"378-407"},"PeriodicalIF":1.9,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12450","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47081629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Normative justifications of EU criminal law: European public goods and transnational interests 欧盟刑法的规范性论证:欧洲公共产品与跨国利益

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-02-15 DOI: 10.1111/eulj.12451

Jacob Öberg

引用次数: 0

From facts and political objectives to legal bases and legal provisions: Incremental European integration in the criminal law field 从事实和政治目标到法律基础和法律规定：欧洲刑法领域的渐进式一体化

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-01-02 DOI: 10.1111/eulj.12449

Nicholas Franssen, Anne Weyembergh

引用次数: 0

Principles of EU criminalisation and their varied normative strength: Harm and effectiveness 欧盟刑事定罪原则及其不同的规范强度:危害与有效性