Summary: Week 1

Read the summary and the most important questions on Week 1

• 1 History and sources I

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• DRIVING FORCES “EUROPEANISATION” CRIMINAL LAW AND CRIMINAL JUSTICE.

  1.Internationalisation of social and economic life, increased mobility and the boom in communications
  2.Increasing incidence of European law on national law, criminal law as the strong arm of national law cannot escape it
  3.The fight against economic crime in general and infractions of Union law (stealing EU money) in particular
  4.The fight against organised crime and terrorism

• What is the result of crimial becoming top issue at eu lvl?

  Lissabon treaty

• How did the world look after the lissabon treaty?

  Normalization of eu criminal law it became one of the many field we took a new approach.

• What are aspects of eu criminal law?

  No criminal code
  no procedure
  np courts or prisons (eppo)
  no part supranational organisation.

• What is the approach to determine if something is eu law?

  The horse lasanga exemple.

• 2 ECL History and sources II

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• Member States still in charge of criminal law, but strongly influenced by

  1) European Court of Human Rights
  2) Interstate co-operation CoE
  3) European Community and Criminal Law
  4) European Union Third Pillar Cooperation in Police and Criminal Matters 3) + 4) => Merged into ‘New’ EU

• State candidate for membership Council of Europe

  Belarus

• The National Parliaments Observers to the Parliamentary Assembly

  Canada (28.05.1997) - Israel (02.12.1957) - Mexico (04.11.1999)

• How does a case by the echr work?

  - individual can presecute the state
  - Exhaustion Local Remedy before you can go to the European Court of HR => Human rights are Raised in National Procedures  
  - Recognition of Direct Effect of Articles ECHR by Several States: conflicting national laws not applied  
  - Binding on Convicted State, but Influence on Others (including EU Institutions): Precedent

• Committee Prevention Torture (CPT) advantages?

  – regularly, surprise, feedback and follow-up – independent but fast – confidential, yet pressure to go public