ECL History and sources II
18 important questions on ECL History and sources II
What sort of limits can the community set?
– not beyond what is strictly necessary
– control procedures not accompanied by penalty which is so disproportionate to gravity infringement that it becomes an obstacle to the exercise of that freedom
How does the council play a role in shaping criminal law?
What is the diffrence in a convention and declaration?
declaration is a politically statement
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What is the key factor that states get convicted ? And what is so revolutionary?
What are the problems with the court? Echr
-takes years
How does the cpt work?
What is the sword and shield function?
What is the sword function? When
- insufficient nat. Law
- insuffixient nat. Enforcement
- exaggerated or discriminating nat crimi law.
How does the eu have de facto criminal law?
- administrative sanctions ( money laundering, bank laws for mafia
etc.)
- national laws like fishing or food laws.
Commision vs France angry farmers.
The schengen regime/co-operation
the name comes from village three nation point in luxembourg. It is a symbol iof not having border controle. There was discussion about free movemen of goods and people. Once you are in a country like france you can go everywhere like uk. Court didnt decide. When they treaty was made the world changed because of the iron curtain. Schengen became way to controle external borders. There was still paperwork at the border, but you cluld do this in advance.
What does the council of europe do?
- Searches solutions to problems facing European society: discrimination against minorities, xenophobia, intolerance, environmental protection, human cloning, Aids, drugs, organized crime, etc.
Important role in shaping the criminal policy of Member States and in strengthening international cooperation against crime
What are the drawbacks of the evhr?
- first all local remedies
- binding, but inpractice not followed.
- judical activism.
What is the 7th additional protocol to echr?
-Ne Bis In Idem
What is the classical Classical” Intergovernmental Multilateral Treaties of Council of Europe
What are the General features CoE as creator multilaterial treaties
what kind of multi lateral treaties do we have
1. General ones
2. Sectoral ones.
The development of the eu and how was sovereignty transfered to eu?
- Failure European Defence Community
It became a Political project “hidden under” Economic integration project: sovereignty transferred to European Community
- European institutions: Council, Commission, Court, Parliament
- Primacy: European > national law (Costa v. ENEL case 1964)
- Direct effect: national judge will not apply national law if it is in conflict with European law (Van Gend & Loos case 1963)
- Respect fundamental rights (Nold case 1974)
- Maastricht Treaty on European Union 1992: common roof bringing EC together with two non-community (intergovernmental) pillars
What are the third pillars
2. Forgein, securty policy
3. Justical cooperation
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