Article 83(2) TFEU, introduced by the Treaty of Lisbon, confers a power on the EU to harmonise Member States' legislation to define criminal offences and criminal sanctions. Nonetheless, uncertainty persists as to whether this provision exhaustively determines the EU's power to adopt criminal law to enforce its policies. The article outlines the core case for viewing art.83(2) TFEU as a lex specialis. It argues that the post-Lisbon constitutional design, alongside principled and teleological considerations, support a Member State centred approach for criminal law competence. This is particularly the case with regard to the adoption of harmonisation measures.
The article is devoted to the analysis of scientific concepts and legal terminology of criminal legislation, the identification of their relationship and role in lawmaking in the development and adoption of quality in form and perfect in content laws on criminal liability. The logical structure of criminal law concepts (content and volume) and their industry types are considered: specific, generic, evaluative concepts and categories as fundamental concepts of law; developed the basic rules for their determination and consolidation in the text of the law. The basic requirements (quality parameters) that are presented to legal terms are identified, with the help of which the law on criminal liability defines legal concepts that comprise the content of legal norms, legal structures and other legal formations that are components of this law. The proposals aimed at improving the form and content of criminal law are formulated. The problems of scientific concepts and legal terminology considered in the article, their analysis and formulated proposals are aimed, as a whole, at improving legislative activity on the development and adoption of high-quality criminal-form laws in form and perfect in content. Legal concepts and legal terminology - organically interconnected phenomena of criminal law – are specifically logical and linguistic means of displaying and consolidating verbally in criminal liability laws (in their norms, legal structures, other regulatory legal conditions) subject to legal regulation formations) of phenomena (objects) of reality that are subject to criminal law regulation. The deeper the legal concepts are developed, the more perfect the legal terminology used in the text of the law, the better the positive law, which should be objectively capable of optimally regulating public relations in the field of criminal law.
Purpose – The purpose of this article is to provide the reader with some information on the development of liability of legal persons for violations of international criminal law, its implementation practice in common and civil law countries as well as its perspectives of development in the European Union.
To date, "transnational criminal law" has been the dominant paradigm for explaining and mapping rules on corruption in the international legal literature. Transnational criminal law is presented as a system of law descending from multilateral crime control treaties or a field or order that emerges through international political processes of regime formation. Transnational criminal lawyers identify and describe cross-border legal rules, and seek to evaluate them against liberal norms of democratic governance and individual civil and political human rights. This Article details the limits of transnational criminal conceptions of "anticorruption" through a study of proposed changes to Australian laws on corporate foreign bribery. Drawing on primary and secondary documentary sources, domestic and international, it shows that the emerging antipodean rules are only partially transnational, as that term is understood in transnational criminal law theory. Likewise, multilateral "suppression conventions" and related soft laws are but one impetus for the proposed changes to Australian federal anticorruption legislation. Rather, as the transnational legal ordering literature suggests, a recursive process appears to be at work between international organizations and local legislators, as well as transnational non-state actors, both charities and businesses. This process is marked by moments of borrowing from (former) patrons, the US and the UK. However, it is also punctuated by themes of modernization, economic efficiency, and reputation. In addition, Australian anti-corruption activities may result not just in changes to national criminal law, but also in the development of "new" – and controversial – techniques of governance.
Traduit du français par Nathalie Plouchard-Engel ; International audience ; The fight against terrorism has undergone major changes over the past thirty years. These changes have often been interpreted as a manifestation of "exceptionalism," a trend that should be criticized for undermining the rule of law. We agree with this diagnosis but want to take a further step by acknowledging that this critical relationship to developments in counterterrorism is an integral part of the social processes to be studied. To this end, our approach places knowledge production at the heart of the scientific study of the fight against terrorism. We aim to understand how the so-called enemy criminal law—a legal dogmatic undertaking that has been used in various settings to reflect on the issue of counterterrorism—has gradually evolved from an objectivist analysis to a critical resource, without its axiomatics having fundamentally changed. With the help of what, in France, is called the "sociologie des épreuves," we show that this transformation has been achieved through the confrontation of the doctrine with different sociopolitical contexts. We aim to document and help explain this unique trajectory from a sociology of knowledge perspective.
This article explores the relationship between law and social work. It navigates the importance of the relationship and the similarities and differences between the objectives of legal and social work practitioners. It critically reviews transnational conventions and how individual countries have legislated to safeguard and promote the welfare of children and adults at risk. It reflects on how far nation-states uphold human rights and the rule of law and evaluates how social work has been positioned and has performed in different legislative contexts.
Legal pluralism was a fundamental feature of the political order in colonial Indonesia. It arose not only from the parsimony of the Dutch East India Company (VOC), but also from colonial doctrine. In the nineteenth century, pressure grew to move from pluralism to universalism in law, and policy battles were fought over a series of issues�the arbitrary rights of colonial officials, flogging (rottingslagen), and the death penalty�but progress towards legal unification was slow and incomplete. Legal pluralism had a lasting effect on Indonesians� attitudes to cultural diversity.
Legal pluralism was a fundamental feature of the political order in colonial Indonesia. It arose not only from the parsimony of the Dutch East India Company (VOC), but also from colonial doctrine. In the nineteenth century, pressure grew to move from pluralism to universalism in law, and policy battles were fought over a series of issues�the arbitrary rights of colonial officials, flogging (rottingslagen), and the death penalty�but progress towards legal unification was slow and incomplete. Legal pluralism had a lasting effect on Indonesians� attitudes to cultural diversity.
The article deals with certain problems arising out of implementation of criminal liability of legal entities in Ukraine. The author researches experience of criminal liability of legal entities in some foreign countries and analyzes existing problems of this institute. Foreign and national approaches to criminal liability of legal entities have been compared. The issue of incompliance between international standards in criminal law and traditional approaches to the main institutes of criminal law in Ukraine has been considered. The article deals with theoretical and practical application of criminal liability against legal entities. Grounds for criminal liability and types of punishment which can be applied to legal entities and their future implementation in Ukraine have been emphasized. It has been established that economic imfluence is the most effective against legal entities. That is why the most common type of sanctions for legal entities is fine. Implementation of criminal liability of legal entities in foreign legislation was a significant step towards counteraction to illegal activities of these entities. Foreign experience is useful and efficient for future implementation of European integration of Ukraine and attempts to solve existing problems related to bringing of legal entities to liability. At the same time, it would be possible to use experience of the state which implemented the most effective mechanisms of impact on legal entities for corruption and other crimes. For national legislation this step is really revolutionary. But if the legislator is interested that this institute operates effectively certain amendments and supplements to the Criminal Code of Ukraine are needed.
The Interdisciplinary Program in Law and Religion and the Comparative and International Law Institute co-sponsored a lecture titled, "Criminal Law Reform: Ethical and Legal Changes in Austrian Society." In light of the recent terrorist activities in the European Union, the Austrian government has focused on hate speech legislation and hate crimes. Dr. Christian Pilnacek, Director General for Criminal Matters in the Federal Ministry of Justice of the Republic of Austria discussed recent Austrian legislation that criminalized hate speech that has a likelilhood of inciting violence. Following Pilnacek's presentation, Dr. Wolfgang Brandstetter, Federal Minister of Justice of the Republic of Austria, discussed how the Austrian government is reforming the penal law system. A summary of the event is available here.
The growing inter-relatedness between EC and EU law with national criminal law can be well illustrated with the example of enforcement of EU law. Criminal law is one of the latest examples of increasing European integration within the perimeters of explicit competences of EU/EC law which additionally is driven ahead by what functionalist theories of European integration might refer to as a spill-over of approaches. Necessities of crossborder crime and criminal enforcement make cooperation necessary. The latter takes place to a certain degree on the basis of positive law established on the basis of the Treaties. It also takes place in the context of evolutionary development of what one might refer to as 'administrative networks.'
In the article the author argues that criminal legal awareness is an element of public legal consciousness, which is a set of legal views and feelings, legal ideals, ideas, theories, concepts that are normative in nature and include both knowledge of criminal law phenomena and assessment them in terms of social justice, as well as new legal requirements for improving criminal law regulation and criminal law protection of public relations of goods and interests, the practice of their application that reflect economic and political needs and interests of social development. The formation of criminal law legal consciousness is a complex and ambiguous process that takes place under the influence of many factors - socio-economic, sociopolitical, psychological and others. In it a significant role belongs to the ratio of criminal law legal consciousness with moral consciousness. Only with their complete coincidence can we talk about the morality of criminal law legal consciousness, and in the end, when through the criminal law ideology the latter is transformed into the rule of law, and the morality of criminal law. The article argues that the national criminal law mentality is a holistic system of mental, emotional, cultural characteristics, values and attitudes of the people, which reflects the assessment of criminal law as a system of regulation and protection of critical social relations, benefits and interests and practices of its application that takes place on the basis of historical dimension and formed on the basis of this general requirements for legislative and law enforcement processes.
Still in Russia and abroad, questions about implementation of the right to life and right to death are controversial, and as a consequence, the threat of killing the person by the use of euthanasia does not cease to be relevant. Russian criminal law provides criminal responsibility for the murder, which is a variety of ways, however, standards meeting the requirements of the safe existence of terminally ill people, including those not able to be fully aware of the incurability of the disease, is not provided. The legislator attempted criminal prohibitions of the use of euthanasia, however, in the current criminal law of the Russian Federation the data of rules. In this connection, many questions of law enforcement practice in the sphere of criminal-law protection of the safety of life and human health remain uncertain. The given circumstances testify to the fact that the study of issues of qualification of crimes against life and health becomes more fundamental. The article analyzes the problematic issues of demarcation of euthanasia from murder and suicide, and the author's article, providing for the criminal-legal prohibition of the use of euthanasia that will contribute to the improvement of law enforcement practice.
The study of the constitutional and legal basis of the status of migrants will allow to determine and summarize the rights and obligations of these persons, which significantly affect the formation of legal social order. This article discusses the constitutional, legal and administrative basis of the status of migrants, regulated by the legislation of the Russian Federation. Considering the issue of the current state of the migration legislation of the Russian Federation, the theoretical aspect of migration as the mobilization of people to change their permanent residence is highlighted. The causes of this phenomenon and the classification of categories of migrants are determined. The definitions of external and internal migrants are differentiated, on the basis of which the constitutional norms of foreign persons who entered the territory of the Russian Federation are further studied. According to Federal laws, the basic rights and obligations of immigrants who entered the Russian Federation for different definitions of reasons and circumstances are distinguished. The article considers the administrative and legal basis of the status of migrants in the context of a violation of the rule of law according to the norms of the Code of administrative violations. The Institute of citizenship is singled out as a status that directly affects the scope of individual rights and freedoms, which allows it to be singled out as a special status of a migrant. In conclusion, the above topic is summarized
Modern criminal legislation of Ukraine is the combination of systematic and specific legislative acts that define the bases and principles of criminal responsibility, sentencing, release of liability and punishment.