Substansive criminal law
7 important questions on Substansive criminal law
What is sword and shield function eu law?
Shield function of european law: invoking european law as a defence against national criminal law.
What is the eu commission of human rights?
What is the scope of art.4 what is slavery and what is servitude?
Servitude: obligation to provide one’s services that is imposed by coercion, and is to be linked with concept of “slavery”
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What are the lessons from mc v. Bulgarie
- It is victim orientated, the right of the victim is the reason that the court said that states have to use crimnal law. all other states know that they cant use violence as an rape bewijs. it is deprived from art.8 right to private right.
-Active court evolving interpretion, echr as living instrument.
Legal persons obligation under eu law?
What does eu law says about accomplice and attempt
Aiding and abetting – Incitement
E.g. Art. 3 Dir. on Trafficking in Human Beings
Art. 4 Dir. Protection Environment through Criminal Law
‘Member States shall ensure that inciting, aiding and abetting the intentional conduct referred to in Article 3 is punishable as a criminal offence
Every country has another definition. Same with attempt it needs to be punishable but eu doesnt say how.
What is a diffrence between smuggling and trafficking?
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