The European Union and the Globalisation of Criminal Law

2010 ◽  
Vol 12 ◽  
pp. 337-407 ◽  
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Criminal Law ◽  
Task Force ◽  
The United States ◽  
Fundamental Rights ◽  
The European Union ◽  
Post Cold War ◽  
External Context ◽  
European Values ◽  
The Impact ◽  
The Eu

AbstractIn the new post-Cold War security era, there is a perception that the nature of cross-border security threats has changed. The need to respond to these new threats has led to a proliferation of multilateral international and regional treaties in this area, as well as unilateral demands made by the United States post-9/11. We have, then, seen a process of globalisation of criminal law, a field traditionally linked to State sovereignty. This chapter examines, first, EU action with regard to UN multilateral conventions and the impact of those conventions on internal EU law, as well as the impact of EU action within the framework of the regional treaties of the Council of Europe; secondly, the interrelationship between Union law and the global production of norms in criminal matters by the UN Security Council and by the Financial Action Task Force; thirdly, bilateral cooperation between the EU and the US, in particular in connection with the transfer of Passenger Name Records data; fourthly, the question of compliance by the EU in this area, in both the internal and the external context; and, fifthly, the Court of Justice’s approach to the protection of fundamental rights when global criminal law is engaged. The EU has managed to take centre stage in international developments in the field of global criminal law through a clear commitment to multilateral negotiations as well as a clear political will to implement at the Union level norms agreed internationally without a high degree of transparency. The Court of Justice has also been reluctant to overturn Union security decisions in the name of fundamental rights. The coming into force of the Lisbon Treaty will eliminate some complexity in this area, but not all, and it still remains to be seen whether in the process of globalisation of criminal law the European values proclaimed in Article 2 of the new EU Treaty will be promoted or compromised.

The European Union and the Globalisation of Criminal Law

2010 ◽  
Vol 12 ◽  
pp. 337-407
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Criminal Law ◽  
Task Force ◽  
The United States ◽  
Fundamental Rights ◽  
The European Union ◽  
Post Cold War ◽  
External Context ◽  
European Values ◽  
The Impact ◽  
The Eu

Abstract In the new post-Cold War security era, there is a perception that the nature of cross-border security threats has changed. The need to respond to these new threats has led to a proliferation of multilateral international and regional treaties in this area, as well as unilateral demands made by the United States post-9/11. We have, then, seen a process of globalisation of criminal law, a field traditionally linked to State sovereignty. This chapter examines, first, EU action with regard to UN multilateral conventions and the impact of those conventions on internal EU law, as well as the impact of EU action within the framework of the regional treaties of the Council of Europe; secondly, the interrelationship between Union law and the global production of norms in criminal matters by the UN Security Council and by the Financial Action Task Force; thirdly, bilateral cooperation between the EU and the US, in particular in connection with the transfer of Passenger Name Records data; fourthly, the question of compliance by the EU in this area, in both the internal and the external context; and, fifthly, the Court of Justice’s approach to the protection of fundamental rights when global criminal law is engaged. The EU has managed to take centre stage in international developments in the field of global criminal law through a clear commitment to multilateral negotiations as well as a clear political will to implement at the Union level norms agreed internationally without a high degree of transparency. The Court of Justice has also been reluctant to overturn Union security decisions in the name of fundamental rights. The coming into force of the Lisbon Treaty will eliminate some complexity in this area, but not all, and it still remains to be seen whether in the process of globalisation of criminal law the European values proclaimed in Article 2 of the new EU Treaty will be promoted or compromised.

scholarly journals TOWARDS MINIMUM PROCEDURAL GUARANTEES FOR THE DEFENCE IN CRIMINAL PROCEEDINGS IN THE EU

2011 ◽  
Vol 60 (4) ◽  
pp. 1017-1038 ◽  
Author(s):  
Laurens van Puyenbroeck ◽  
Gert Vermeulen
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Democratic Rule ◽  
Constitutional System ◽  
The Eu

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented.1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it:[I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EU's criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe.2

scholarly journals Path to European quantum unicorns

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Markku Räsänen ◽  
Henrikki Mäkynen ◽  
Mikko Möttönen ◽  
Jan Goetz
Keyword(s):  
Quantum Computing ◽  
The United States ◽  
Current Status ◽  
The European Union ◽  
Successful Business ◽  
The Creation ◽  
Quantum Technology ◽  
The Impact ◽  
Future Growth ◽  
The Eu

AbstractQuantum computing holds the potential to deliver great economic prosperity to the European Union (EU). However, the creation of successful business in the field is challenging owing to the required extensive investments into postdoctoral-level workforce and sophisticated infrastructure without an existing market that can financially support these operations.This commentary paper reviews the recent efforts taken in the EU to foster the quantum-computing ecosystem together with its current status. Importantly, we propose concrete actions for the EU to take to enable future growth of this field towards the desired goals. In particular, we suggest ways to enable the creation of EU-based quantum-computing unicorns which may act as key crystallization points of quantum technology and its commercialization. These unicorns may provide stability to the otherwise scattered ecosystem, thus pushing forward global policies enabling the global spread of EU innovations and technologies.The unicorns may act as a conduit, through which the EU-based quantum ecosystem can stand out from similar ecosystems based in Asia and the United States. Such strong companies are required because of the level of investment currently required in the marketplace. This paper suggests methodologies and best practices that can enhance the probability of the creation of the unicorns.Furthermore, we explore future scenarios, in which the unicorns can operate from the EU and to support the EU quantum ecosystem. This exploration is conducted focusing on the steps to be taken and on the impact the companies may have in our opinion.

11. Financial crime

2019 ◽  
pp. 420-451
Author(s):  
Jeremy Horder
Keyword(s):  
European Union ◽  
Money Laundering ◽  
Criminal Law ◽  
Financial Crime ◽  
The European Union ◽  
Home Office ◽  
Corporate Activity ◽  
The Uk ◽  
The Impact ◽  
The Eu

This chapter examines three major examples of financial crime: fraud, bribery, and money laundering. The importance of financial crime, and of vigorous prosecution policies in relation to it, should not be underestimated. Fraud accounts for no less than one third of all crimes captured by the Crime Survey for England and Wales. The European Union Parliament has estimated that corruption costs the EU between €179 and €990 billion each year. Finally, the Home Office estimates that the impact of money laundering on the UK economy is likely to exceed £90 billion. An understanding of these crimes, and in particular the way that they reflect corporate activity, is nowadays essential to the study of criminal law.

scholarly journals TRADE POLICY OF THE EUROPEAN UNION AND THE UNITED STATES OF AMERICA UNDER THE COVID-19 PANDEMIC

2021 ◽  
Vol 2 (1) ◽  
pp. 53-59
Author(s):  
Viktoriya Mashkara-Choknadiy ◽  
Yuriy Mayboroda
Keyword(s):  
Foreign Trade ◽  
Trade Policy ◽  
Social Life ◽  
The United States ◽  
The European Union ◽  
Foreign Trade Policy ◽  
The Us ◽  
The Usa ◽  
The Impact ◽  
The Eu

The pandemic of COVID-19 has influenced all sectors of social life, including the global economy and trade relations. The year of 2020 was marked with significant changes in internal and foreign economic policy of almost all nations. The purpose of the paper is to study the measures taken by the EU and the USA as the world's leading economies to regulate their foreign trade in the global crisis caused by the COVID-19 pandemic. The tasks of the study are to show the influence of the crisis on changes of global trade policy in front of the threat to national security. Methodology. The study is based on the results of statistical analysis of data provided the WTO and the UNCTAD. The authors show an analytical assessment of the foreign trade indicators of the EU and the USA. Methods of comparison and generalization were used to formulate conclusions on regulatory trends in foreign trade of the US and the EU. Results allowed identifying specific features and changes in the regulation of foreign trade of the EU and the US, assessing the impact of the pandemic on their foreign trade. It was found that both mentioned players of the world economy have actively introduced both deterrent and liberalization measures during 2020, which were aimed at providing the domestic market with scarce COVID-related goods. The study shows the transition from export restricting to import liberalizing measures in foreign trade policies from the start of pandemic to the late 2020. Practical implications. Understanding and predicting the possible actions of partners (the US and the EU in this case) in the field of foreign trade regulation is an important practical aspect, which has to be taken into account when developing Ukraine's foreign trade policy. Value/originality. The study of foreign trade policy of the world's leading countries allows us to understand the behavior of governments of the countries that are largely dependent on participation in international trade in their development, to draw conclusions about the most common instruments of foreign trade policy in the time of humanitarian and economic crises.

17. The European Union and the USA

2017 ◽  
Author(s):  
Michael Smith ◽  
Rebecca Steffenson
Keyword(s):  
United States ◽  
European Union ◽  
International Relations ◽  
The United States ◽  
The European Union ◽  
The Usa ◽  
Security Questions ◽  
The Impact ◽  
Policy Mechanisms ◽  
The Eu

This chapter examines the evolution of the European Union's relations with the United States. More specifically, it looks at the ways in which EU–US relations enter into the international relations of the EU as well as the implications for key areas of the EU's growing international activity. The chapter begins with an overview of the changing shape and focus of the EU–US relationship as it enters into economic, political, and security questions. It then considers the impact of EU–US relations on the EU's system of international relations, on the EU's role in the processes of international relations, and on the EU's position as a ‘power’ in international relations. It shows that the EU–US relationship has played a key (and contradictory) role in development of the EU's foreign policy mechanisms.

scholarly journals “Europe Will Soon Be Lost to Political Correctness”

2020 ◽  
Vol 56 (3-4) ◽  
pp. 106-136
Author(s):  
Bojana Klepač Pogrmilović
Keyword(s):  
Cultural Change ◽  
Political Correctness ◽  
The United States ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
The European Union ◽  
Far Right ◽  
Official Document ◽  
Linguistic Engineering ◽  
The Eu

Political correctness (PC), a contemporary phenomenon imported from the United States, has continuously been targeted as one of the key reasons for current troubles the European Union (EU) is facing. Even more, some predict that PC will be the cause of the eventual demise of Europe. This article investigates the presence of the discourse of PC in the fundamental treaties of the EU to explore whether the EU is in danger of being lost to PC. In the first part, the key traits of the discourse on PC and multiculturalism as a dominant philosophy behind it, are presented. One of the key traits of PC is linguistic engineering that may be labelled as mild or radical. In the second part, the content of the EU treaties and the Charter of Fundamental Rights of the EU are analysed comparing three different versions of the Lisbon Treaty and the Charter, namely English, German, and Croatian. The third part is focused on the analysis of the guidelines: Gender-neutral language in the European Parliament, as the most politically correct official document of the EU. The analysis showed that a change with regards to the employment of the discourse of PC came with the Lisbon Treaty and the Charter and is based on mild linguistic engineering. The change in the EU’s legal discourse arose from a cultural change that occurred in some member states. Mild linguistic engineering should not be seen as a real threat to Europe but may be interpreted as a way of reshaping the EU’s core value of non-discrimination. On the other hand, an (in)attentive slip from mild into radical linguistic engineering may ignite the flourishing of the far-right and anti-EU movements that could lead to a serious destabilization of Europe.

scholarly journals The Evolving EU Anti-Money Laundering Regime

2016 ◽  
Vol 23 (2) ◽  
pp. 261-293 ◽  
Author(s):  
Valsamis Mitsilegas ◽  
Niovi Vavoula
Keyword(s):  
Private Sector ◽  
Money Laundering ◽  
Task Force ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
Global Standards ◽  
Financial Intelligence ◽  
The Impact ◽  
Terrorist Finance

Over the past twenty-five years, the European Union has developed a far-reaching legal regime aimed at countering money laundering. The evolution of this regime has been linked inextricably with the parallel development of global standards in the field, most notably by the Financial Action Task Force on Money Laundering (FATF). This article will critically evaluate the content of EU anti-money laundering law, by putting forward a comprehensive typology of the EU anti-money laundering regime as outlined in the successive EU Anti-Money Laundering Directives and consisting of three elements: the criminalization of money laundering and terrorist finance; the prevention of money laundering via the imposition of a series of duties on the private sector; and the focus on financial intelligence, via the establishment and co-operation of financial intelligence units responsible for receiving and analysing reports received from the private sector. The article will examine the evolution of EU law as regards all elements of anti-money laundering law, by focusing in particular on the changes brought forward by the post-Lisbon Fourth Money Laundering Directive. The article will cast light on the influence of the FATF in shaping these standards and will highlight the impact of the ever expanding EU anti-money laundering legal framework on fundamental rights and the rule of law.

Migration and Asylum Cases before the Court of Justice of the European Union: Putting the Eu Charter of Fundamental Rights to Test?

2015 ◽  
Vol 17 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Francesca Ippolito
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
The European Union ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Impact ◽  
The Eu ◽  
Third Country Nationals

This article explores the various guarantees embedded in the eu Charter of Fundamental Rights for eu citizens and third country nationals, following the extension of the Court’s jurisdiction by the Lisbon Treaty in the area of freedom, security and justice. In particular, it highlights the potential and limits to the impact of the Charter in immigration or asylum cases before the cjeu.

scholarly journals Unia Europejska wobec problemu proliferacji broni masowego rażenia. Wpływ kryzysu dotyczącego irańskiego programu atomowego na kształtowanie się oraz implementację strategii Wspólnoty

2017 ◽  
pp. 71-87
Author(s):  
Robert Siudak
Keyword(s):  
Security Studies ◽  
Weapons Of Mass Destruction ◽  
Political Crisis ◽  
Successful Implementation ◽  
The European Union ◽  
Mass Destruction ◽  
Energy Agency ◽  
Post Cold War ◽  
The Impact ◽  
The Eu

Proliferation of weapons of mass destruction (WMD) has been one of the most prominent threat discussed in the post-Cold War security studies. The article presents analyses of the European Union policies towards proliferation of WMD and the impact of the political crisis around Iranian nuclear programme on them. Based on documents of the EU and the International Atomic Energy Agency, two processes are identified as the main source of the EU agenda on non-proliferation. Firstly, internal dynamics of the negotiations on the EU strategy against proliferation of weapons of mass destruction in 2003, including performance of a specific agents promoting their ideas and interests. Secondly, the evolution of the EU role in the debate around Iranian nuclear programme between 2003–2015. Negotiations with Iran are identified as the biggest challenge for the EU policy on WMD so far, with positive conclusions about successful implementation of multilateral mechanisms.

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