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Vol 21 No 9 Sept/Oct 2016

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European Penal Law

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ISBN13: 9789041113627
ISBN: 9041113622
Published: February 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £111.00

At a time when a united Europe is still being formed and while crime is becoming a multinational operation, it is impossible to avoid the creation of a pan-European body of criminal law, despite the fact that the concept of individual nationhood continues to exist within Europe. This is the reason for the gradual but certain development of a European system of penal law under the aegis of political bodies such as the Council of Europe, the European Union and the Schengen Area. The guiding principles behind this new system of criminal law are those of greater mutual assistance in law enforcement between states and approximation of national legislation.;More specifically, there are three facets to European criminal law: co-operation between the law enforcement bodies and police forces in the states; human rights, a field which is by no means restricted to criminal law but within which criminal law is of prime importance; and the laws of the European Union which, without being criminal in principle, nevertheless involve many incidents of a potentially criminal nature. These three aspects of European criminal law have already resulted in the signing of numerous treaties as well as intense activity on the part of two Europe-wide courts, the European Court of Human Rights and the European Court of Justice.

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Table of Contents Foreword. Abbreviations. Introduction Part One: European Inter-state Co-operation in Criminal Matters (Council of Europe and the European Union) Title 1: Co-operation in General Matters.
Chapter 1: Primary Mutual Assistance.
Chapter 2: Secondary Mutual Assistance. Title 2: Co-operation in Special Applications.
Chapter 1: Conventions Relating to Certain Offences.
Chapter 2: Conventions Relating to Certain Individuals. Part Two: Criminal Law And The European Convention On Human Rights (Council of Europe) Title 1: The Human Rights Jurisdictions: A Study of the European Court of Human Rights. Title 2: Content of Human Rights.
Chapter 1: Paramount Rights.
Chapter 2: Procedural Rights. Part Three: Criminal Law and Community Law (European Union) Title 1: Bodies And Institutions. Title 2: The Sources.
Chapter 1: Formal Diversity of the Sources.
Chapter 2: Actual Uniformity Behind The Sources: Respect For Fundamental Rights. Title 3: Operation (The positive and negative effects of Community legislation on national criminal law) Chapter 1: The Negative Effect: The Incompatibility of the Provisions of National Law with Community Law.
Chapter 2: The Positive Effect: Obligations of Member States with respect to Criminal Law. Appendix I: Glossary. Annex II: European Convention of Human Rights and its protocols. Appendix III: Consolidated Version of the Treaty on European Union.