Skip to main content Accessibility help
×
Hostname: page-component-788cddb947-tr9hg Total loading time: 0 Render date: 2024-10-08T12:29:09.320Z Has data issue: false hasContentIssue false

1 - European Union and Council of Europe

Special Focus on Criminal Law

from Part I - Foundations of European Criminal Law

Published online by Cambridge University Press:  09 February 2023

Kai Ambos
Affiliation:
Georg-August-Universität, Göttingen, Germany
Peter Rackow
Affiliation:
Georg-August-Universität, Göttingen, Germany
Get access

Summary

European Criminal Law in fact includes EU Law, influenced by European institutions and stemming from Member States agreements. At the same time, it is Council-of-Europe–inspired Law be it through minimum guarantees by the ECHR or through the European Court of Human Rights’ (ECtHR) influence on national criminal laws and procedures. Yet, one searches in vain for a European Criminal Code. Against the rumor that in consequence, European Criminal Law as such does not exist, the first chapter seeks to put up the umbrella and discuss and reveal sources and resources of current European Criminal Law and the intersections of EU Law on the one side and Council-of-Europe–inspired Law on the other side. That will in the end offer a panoramic view constituting European Criminal Law as the sum of European Union law imposing sanctions applicable in all Member States together with (Europeanised) national criminal law influenced by European law and Council-of-Europe inspired and set against European institutions and instruments that aim at ensuring effective criminal prosecution.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Further Reading

Brodowski, D., ‘European Criminal Justice: From Mutual Recognition to Coherence’, in Carrera, S., Curtin, D. and Geddes, A. (eds.), 20 Years Anniversary of the Tampere Programme. Europeanisation Dynamics of the EU Area of Freedom, Security and Justice, San Domenico di Fiesole: European University Institute, 2020, pp. 225–238.Google Scholar
Burchard, C., Die Konstitutionalisierung der gegenseitigen Anerkennung. Die strafjustizielle Zusammenarbeit in Europa im Lichte des Unionsverfassungsrechts, Frankfurt a.M.: Vittorio Klostermann, 2019.CrossRefGoogle Scholar
De Bondt, W., ‘Evidence-Based EU Criminal Policy Making: In Search of Matching Data’, (2014) 20 Eur J Crim Policy Res, 23–49.Google Scholar
Jescheck, H. H., ‘Die Strafgewalt übernationaler Gemeinschaften’, (1953) 65 ZStW, 498.CrossRefGoogle Scholar
Kettunen, M., Legitimising European Criminal Law, Berlin: Springer, 2020.Google Scholar
Vogel, J., ‘Europäische Kriminalpolitik – europäische Strafrechtsdogmatik’, (2002) 149 GA, 517–534.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×