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This article examines how subsidiarity can limit the exercise of EU procedural criminal law competence. It argues for a narrow understanding of subsidiarity, suggesting that EU procedural criminal law legislation can only be directed at problems which are of a cross-border nature. By analysing a specific piece of EU legislation, the new Victims Directive, it is shown how the subsidiarity principle can be enforced. The article sustains that the Victims Directive can be criticised on subsidiarity grounds as the directive fails to adequately account for the link between victim rights and the application of the principle of mutual recognition, since the directive fails to explain properly the need to regulate local victim rights. The article also draws some broader reflections on the justifications for EU harmonization. It is argued that EU initiatives in procedural criminal law have not primarily been driven by the need to facilitate mutual recognition and free movement but rather motivated by a general concern to deliver a common European sense of justice. Whilst this approach from the EU legislator can be justified from a moral perspective, it flies in the face of the idea that decisions should be taken as closely as possible in respect of citizens. ; Subsidiarity and EU criminal law

The development of electronic payment instruments and their online availability constitute important parts of the development of the EU payments market. Individual states adopt different approaches towards interpretation (legal aspects) and types of electronic payment instruments. To encourage sustainable payment services, minimize possible threats, and create favourable conditions for the development of new payment instruments, legislators adopt general legal acts stipulating the legal status of electronic payment instruments. However, the actual interpretation of payment instruments is often narrowed in legal practice, and does not cover payment instruments newly introduced to the market. A new insight into electronic payment instruments corresponding to the latest trends in the market is important in criminal law as well, because crimes related to the use of a payment instrument are common and difficult to investigate. In view of recent changes in payment services (the new Payment Services Directive in 2019), the norms of criminal law stipulating liability for the illegal disposal of electronic payment instruments must reflect circumstances predetermined by today's technological developments. In terms of criminal law, a technologically neutral conception of the payment instrument is necessary, to include a wider range of payment instruments that differ considerably from conventional personalized payment cards. The aim of this article is, therefore, to demonstrate that the current regulation of the Criminal Code of Lithuania lags behind the development of payment instruments, and in order to avoid excessive criminalization it is proposed to narrow the application of Article 214 of the Lithuanian Criminal Code.

The development of electronic payment instruments and their online availability constitute important parts of the development of the EU payments market. Individual states adopt different approaches towards interpretation (legal aspects) and types of electronic payment instruments. To encourage sustainable payment services, minimize possible threats, and create favourable conditions for the development of new payment instruments, legislators adopt general legal acts stipulating the legal status of electronic payment instruments. However, the actual interpretation of payment instruments is often narrowed in legal practice, and does not cover payment instruments newly introduced to the market. A new insight into electronic payment instruments corresponding to the latest trends in the market is important in criminal law as well, because crimes related to the use of a payment instrument are common and difficult to investigate. In view of recent changes in payment services (the new Payment Services Directive in 2019), the norms of criminal law stipulating liability for the illegal disposal of electronic payment instruments must reflect circumstances predetermined by today's technological developments. In terms of criminal law, a technologically neutral conception of the payment instrument is necessary, to include a wider range of payment instruments that differ considerably from conventional personalized payment cards. The aim of this article is, therefore, to demonstrate that the current regulation of the Criminal Code of Lithuania lags behind the development of payment instruments, and in order to avoid excessive criminalization it is proposed to narrow the application of Article 214 of the Lithuanian Criminal Code.

Cover -- Table of Contents -- International Conference on Legal Argumentation and the Rule of Law -- Legal Argumentation and the Rule of Law -- Judicial Discretion and the Rule of Law -- The Rule of Dual-Natured Law -- Prototypical Argumentative Patterns in the Justification of Judicial Decisions -- The Legal Characterization of Facts at the International Criminal Court -- The Facebook Judge? How Transparency in Social Media Conflicts with the Rule of Law -- Analogy and E Contrario: The Facts -- The Burden of Rationality: Why and How Should the Judge Justify Her Decision?

This article examines the preparation of the much-debated War Criminals Decree (WCD) of 4 May 1945 by the Norwegian exile government in London and the courts' later use of the law as the legal foundation for the reckoning with German war criminals. More specifically, we show how two central clauses in the Norwegian Constitution of 1814 were challenged by this decree, which combined national and international law in a hitherto unknown manner, and its use: The principle of legality (§ 96) and the prohibition of retroactivity (§ 97). Our article, based on unpublished documents from the Justice Department's (JD) archives, argues that the government's view 1942–1945 changed from defending these clauses to undermining them, by lowering the judicial bar for the passing of death sentences. It is, however, also argued that the courts, even if they did not challenge the WCD legally, nevertheless through their conscientious treatment of war crimes cases 1945–1949 drastically reduced the law's intended harshening effect on sentences and thus also the significance of its controversial constitutional aspects.

RESUMEN: La agresión terrorista ha supuesto, a nivel nacional y internacional, el problema de la creación de un sistema penal de reacción a tal fenómeno. Sin embargo, la necesidad de una contestación urgente ha tenido como consecuencia una incertidumbre general que lleva en sí misma el riesgo de la negación del Estado de derecho para adoptar la lógica del derecho penal del enemigo. Este escrito -a través el análisis de la teoría de Gunther Jakobs, teórico del derecho penal del enemigo- describe las repercusiones, parafraseando a Ferrajoli, de una falta de "asimetría entre Estados de derecho y violencia extra legal". ABSTRACT: The fear of terrorism has created, at national and international level, a criminal law system to react to this phenomenon. The need for a rapid answer to the problem has led to legal uncertainty that carries with it the risk of the negation of the legal state to adopt the logic of the enemy's criminal law. This writing, through the analysis of the theory by Gunther Jakobs, theorist of the enemy's criminal law, describes which are the negative repercussions of a lack of "asymmetry between legal state and extra legal violence" mentioning Luigi Ferrajoli. PALABRAS CLAVE: ciudadano,enemigo,pena,derecho penal,Estado de derecho. KEYWORDS: Citizen, enemy, punishment, criminal law, legal state.

According to the Criminal Law, the protection of the natural human environment implies specific incriminations, i.e., environmental crimes that are punishable to preserve and create a healthy environment for the human species in line with the economic and technical development. Environmental problems created by society's progress (civilization) have political, economic, scientific, and legal, i.e., international legal dimensions. Today, a common topic is an ecological crisis caused by pollution and contamination of Earth, i.e., the disturbance of the balance and rhythm of the biosphere. Using the natural resources of our planet in a way that destroys it and prevents its regeneration requires special Criminal Law sanctions that will protect the natural environment and preclude our planet from becoming unsuitable for life. Therefore, we can increasingly use the term ecocide, i.e., utilizing natural resources without considering the necessity of developing a strategy for the use, harmonization, and preservation of a healthy human environment. This is a dualistic approach that links the protection of nature as an independent asset to protect the human quality of life as an individual and social issue. The paper will analyze the effectiveness of environmental protection from the Criminal Law aspect and point out the need for a more significant application of Administrative Law measures, especially the preventative ones, as a more effective tool for environmental protection.

The basic principles of the profession of lawyers -- Burden of reasonableness in the office of lawyers -- International frame of justice within the profession of lawyers -- Duty of the defence team to present the bare truth -- Defending international crimes through the absence of apparent motive -- Conundrums facing international criminal lawyers -- Massive violation of morality by lawyers -- Cross-examination of the position of lawyers -- Conclusion.

The purpose of the article is to find the best ways to resolve conflicts in the criminal law of Ukraine. Methods. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. The main one is general dialectical method of scientific knowledge of real legal phenomena. Special research methods used in the study are: the method of systematic analysis, formal legal, interpretation of law, comparative law, modeling. The theoretical basis of the study is the latest scientific works in the chosen field of research. Results. As proved during the analysis of the legal literature, there is the following list of effective ways to resolve and prevent conflicts in law, which can be extrapolated to the field of criminal law: 1) unification of law; 2) harmonization of law; 3) approximation of law; 4) clear delineation of powers of public authorities; 5) monitoring of normative legal acts; 6) creation of model laws; 7) interpretation of law; 8) improvement of legislation. Conclusions. As a result of the study, it is proposed to apply different principles to overcome conflicts depending on their type (in particular, "a special law repeals a general law", "a later law cancels an earlier one", "the next general law does not cancel an earlier special law of similar legal force"). Types of "conflict rules" in the sources of criminal law are presented primarily depending on the specific type of such sources. Modern legislation, including criminal, contains virtually no rules aimed at overcoming intersectoral conflicts, but conflicts of law in various areas of Ukrainian law create significant problems in law enforcement.