Full Description
EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.
Contents
Foreword
Notes on Contributors
Introduction
Jannemieke Ouwerkerk, Judit Altena, Jacob Öberg and Samuli Miettinen
Part 1
To Criminalise or not to Criminalise? Legal and Criminological Approaches to the Criminalisation of Conduct in EU Law
1 EU Criminalisation, Its Normative Justifications, and Criminological Considerations for Criminal Policy and Justice
Nina Peršak
2 Evidence- Based Criminalisation in EU Law: Evidence of What Exactly?
Jannemieke Ouwerkerk
3 The Search for Evidence Relating to the Application and Impact of EU Legislation: Probing the National Experience
Christopher Harding & Joanna Beata Banach-Gutierrez
4 Tackling Breaches of Sale Contracts at EU Level: a Call for Change?
Sanne Buisman
5 Decriminalisation in the Law of the European Union
Valsamis Mitsilegas
Part 2
How to Criminalise? Philosophy of Law and Cognitive Approaches to Criminal Legislation
6 Harmonising Legal Interests. Legal Interests under Criminal Law in a Multilevel Legal Order
Christine Cleiren & Jeroen ten Voorde
7 Categorising the Offence of Fraud against the Financial Interests of the European Union. A Law and Cognition Perspective
Willem Geelhoed
8 Criminalising Organised Crime on the EU Level: Understanding Crime through a Financial Aim Perspective?
Dafni Lima
Part 3
Reflections and Prospects on EU Criminal Justice after Lisbon
9 Repression - Reflections on EU Criminal Law
Thomas Elholm
10 A Realistic Agenda for Research and Regulation Relating to Crime Prevention
Nick Tilley
11 EU Procedural Criminal Law after Lisbon
Jacob Öberg
Index
