The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary.
This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level.
Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
Table of Contents
1. EU Criminal Law as an Emergent Regime: Editorial introduction Joanna Beata Banach-Gutierrez and Christopher Harding Part I The Search for Principle, Direction and Coherence 2. Supranational Integration in Criminal Matters within the European Union: What could the future bring ? Joanna Beata Banach-Gutierrez 3. The effects of the civilizing process on penal developments in the European Union Jaroslaw Utrat-Milecki 4. EU Criminal Law: National Boundaries and the European Penal Rainbow' Joanna Banach-Gutierrez and Christopher Harding 5. Towards a principled European Criminal Policy: Some lessons from the Nordic countries Raimo Lahti 6. The Marginalization of European Criminal Law: Proportionality, Subsidiarity and Principled Public Policy Priorities in Protecting Human Life and Rights Hendrik Kaptein 7. EU Criminal Law and Effet Utile: A Critical Examination of the Union's use of Criminal Law to Achieve Effective Enforcement Vanessa Franssen 8. Tasks for Criminology in the Field of EU Criminal Law and Crime Policy Christopher Harding Part II Stocktaking progress, achievements and prospects 9. Reflections on the Prospects for Regional Criminal Courts: Europe and Africa Compared Harmen van der Wilt 10. The Practice of Plea Bargaining in the Nordic Context Patrick Gunsberg 11. The EU Criminal Intelligence Model: Problems and Issues Artur Gruszczak 12. Victims as Individuals with Rights in the European Union: Their Protection and their Legal Standing Begona Vidal Fernandez 13. Exploring the Impact of Legal Culture in Shaping the Role of the European Public Prosecutor: The Prospects for Penal Moderation Constantina Sampani 14. Exploring the Case for Criminalisation of Business Cartels in Europe Patrick Gunsberg 15. The EU Legislation on Protection of Financial Markets against Market Manipulation and its Implementation in Polish law Anna Blachnio-Parzych 16. Transposing EU Framework Decisions into the United Kingdom's Criminal Law: The Trials and Tribulations of a Researcher Jennifer Edwards
Joanna Beata Banach-Gutierrez is Associate Professor at the Faculty of Law and Administration, University of Warmia and Mazury in Olsztyn. Her research interests are focused especially on international criminal law and procedure, European criminal justice, comparative criminology and crime policy.
Christopher Harding is Professor at the Department of Law and Criminology at Aberystwyth University. His research spans European and international law, criminal jurisprudence, penal theory, the history of crime and the penal system, and the protection of human rights.