Effectiveness and Constitutional Limits in European Criminal Law

Herlin–Karnell, Ester

doi:10.1177/203228441400500302

Cited by 8 publications

(16 citation statements)

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“…As stressed above, from a global perspective, the disparity of legal frameworks is seen as one of the reasons for the ineffectiveness in the fight against transnational organized environmental crime. The international legal landscape is defined as highly fragmented and incomplete, due to its diversity of scale (subnational, national, regional and global) and diversity of legal perspective (environmental law, criminal law, trade law) [1] (19)(20)(21)(22)(23)(24)(25)(26)(27)(28)(29)(30)(31)(32). Inconsistencies and loopholes still allow criminal networks to operate successfully despite progress made to stop them.…”

Section: Discussion: Harmonization Of Criminal Law and The Fundamentamentioning

confidence: 99%

“…Greater effectiveness is a need and a common goal among those addressing the issue. Effectiveness is also a key EU Law principle, "used as a constitutional concept for the justification of legislation at the EU level" [20] (270). In the context of EU Law, "effectiveness" refers to the full implementation and enforcement of EU policies.…”

Section: Discussion: Harmonization Of Criminal Law and The Fundamentamentioning

confidence: 99%

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The Utopia of the Harmonization of Legal Frameworks to Fight against Transnational Organized Environmental Crime

Marquès-Banqué

2018

Sustainability

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This paper aims to reflect on the challenges faced by the harmonization of legal frameworks as a strategy to globally address transnational organized environmental crime, taking into consideration the difficulties experienced at a regional level, in the EU. The focus will be specifically on the harmonization of sanctions, due to the impact that this issue has on the application of UNTOC (United Nations Convention against Transnational Organized Crime). With this aim, the implementation of Directive 2008/99/EC on the protection of the environment through criminal law is analysed to check the extent to which the harmonization of sanctions was reached five years after the due date for the transposition of the Directive. This paper also highlights that, beyond political will and European criminal competences, harmonization is a matter of legal culture, which renders the challenge even more complex.

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Section: Discussion: Harmonization Of Criminal Law and The Fundamentamentioning

confidence: 99%

Section: Discussion: Harmonization Of Criminal Law and The Fundamentamentioning

confidence: 99%

The Utopia of the Harmonization of Legal Frameworks to Fight against Transnational Organized Environmental Crime

Marquès-Banqué

2018

Sustainability

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“…27 Also, Herlin-Karnell's constitutionally focused analysis of EU criminal law suggests that its competence is far too imprecise and its development has been ad hoc rather than strategic, reflecting perhaps an inadequate knowledge of criminal law within its institutions, including the CJEU. 28 These legal and bioethical concerns intersect with Loader and Walker's analysis of the obstacles to international policing as an intermediate public good. This stems from recognising tensions in the social and cultural dimensions of publicness, particularly a significant 'socio-historical limitation':…”

Section: The Delivery and Analysis Of Global Public Goods With A Crimmentioning

confidence: 99%

Criminal Justice and Global Public Goods

Wilson

2016

The Journal of Criminal Law

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This article places sharing forensic biometric data for international criminal justice cooperation purposes within the domain of global public goods. Such cooperation is a rational response to globalization, but faces several obstacles. These range from socio-cultural and political concerns about national legal and criminal justice autonomy to the potential impact of market fundamentalism on scientific standardization and cooperation mechanism delivery. The significance of such inhibitors will vary as societal and personal perceptions of stability change. These issues are examined by analysing the progress achieved with the EU Prüm forensic biometric data exchange model. Shocks to European stability, such as the increased scale of terrorist crimes and the UK EU referendum result will inevitably test the resilience of Prüm. Combining insights from global public goods and criminal law scholarship, however, may help to identify how reactions to such shocks, including questions about future UK participation in Prüm, might be managed.

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“…It refers to such construction as ne bis in idem principle or amnesty and has unconditional character. Here the execution of EAW is blocked even before verification occurrence of the criteria described in Article 2(2) of the FD EAW (Herlin-Karnell, 2012, p. 40, European Commission, 2017Klimek, 2015, p. 150-166).…”

Section: The Two Main Actors In the Eaw Proceduresmentioning

confidence: 99%

The European Arrest Warrant in Designer Drugs Cases. With or Without Verification of Double Criminality?

Zając

2021

Eur J Crim Policy Res

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The cross-border character of the designer drugs crimes forced the UE countries to cooperate in criminal prosecution. At first sight, in European Union law, there are proper instruments to enforce such cooperation. The Framework Decision on the European Arrest Warrant introduces the model of cross-border prosecution and abandons the requirement of double criminality in case of the group of the 32 crimes, listed in the Article 2 (2) of the FD EAW. The question is whether such a simple variant of EAW (without checking double criminality) may be enforced in designer drug cases. The work presents an argumentation that the normative meaning of Article 2 (2) of the FD EAW has to be established under European and international law. As long as a particular new drug is not internationally recognized as ‘psychotropic substance’ or ‘narcotic drug’, its trafficking cannot be treated as one of the 32 crimes, mentioned above.

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Effectiveness and Constitutional Limits in European Criminal Law

Cited by 8 publications

References 0 publications

The Utopia of the Harmonization of Legal Frameworks to Fight against Transnational Organized Environmental Crime

The Utopia of the Harmonization of Legal Frameworks to Fight against Transnational Organized Environmental Crime

Criminal Justice and Global Public Goods

The European Arrest Warrant in Designer Drugs Cases. With or Without Verification of Double Criminality?

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