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Vol 21 No 10 Oct/Nov 2016

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The Principle of Legality in European Criminal Law


ISBN13: 9781780683577
Published: December 2015
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Paperback
Price: £75.00



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Acquiring competences for the creation of criminal offences begs the question of legitimacy. The European criminal justice system already has such competences and many instruments define criminal offences. The legality principle is a cornerstone doctrine for legitimising criminal norms in Western legal systems. Despite already being part of the European legal order, this principle lacks a coherent theoretical and normative blueprint that shows how it should be conceived in European criminal law.

This book develops such a theory for the principle of legality in European criminal law. The focus is on the legitimising and normative functions of this principle. The reader shall find a proposal for a theoretical framework that legitimises European criminal law and the accompanying normative requirements of criminal liability. Questions such as the precision of European and national implementing norms, the position of case law as a source of law and the scope of interpretative powers of European and national courts are addressed. The book uses comparative research into national systems and modern theories of criminal law to build a framework for the principle of legality. This is then instilled with special characteristics of the European legal order, such as the multi-level system of authorities and sources, pluralism and freedom of movement.

Subjects:
Criminal Law
Contents:
PART 1. SETTING THE SCENE
Chapter I. Introduction (p.
1)
Chapter II. Methodology (p.
21)

PART 2. THE LEGALITY PRINCIPLE IN NATIONAL CRIMINAL LAW
Chapter III. Theoretical Rationales of the Legality Principle (p.
31)
Chapter IV. The Application of the Principle in three National Systems (p.
65)
Chapter V. Three Models of Criminal Justice (p.
129)

PART 3. THE PRINCIPLE OF LEGALITY IN EUROPEAN CRIMINAL LAW
Chapter VI. Fragments of the Legality Principle in European Criminal Law (p.
175)
Chapter VII. The Legitimacy of European Criminal Justice (p.
221)
Chapter VIII. The Principle of Legality in European Criminal Law (p.
289)

Selected Bibliography (p.
325)
Summary (p.
349)