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Legitimizing European Criminal Law: Justification and Restrictions

Legitimizing European Criminal Law: Justification and Restrictions

作者： Merita Kettunen
出版商： Springer-Verlag
ISBN: 9783030161767
出版时间 November 2020
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9783030161736

JP¥29,986.00

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The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.
Introduction
The Nature of Traditional Criminal Law
Features of European Criminal Law
Theoretical Ideals for European Constitutional Structures and Criminal Legislation
Ideals Shaken by Realities
Conclusions: European Criminal Law—Justification and Restrictions

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