This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.
Arvustused
An excellent volume The book will be of use not only for academics researching the field but also for LLM courses on EU criminal law, as well as for practitioners working in the area. * Common Market Law Review *
Muu info
This important collection looks at how public and criminal law interact in the EU law sphere, considering both procedural and substantive questions.
Introduction: Criminal versus Quasi-criminal Enforcement Setting the
Scene
Vanessa Franssen, University of Liège, Belgium and Christopher Harding,
Aberystwyth University, UK
PART I
THE ORIGINS OF QUASI-CRIMINAL ENFORCEMENT MECHANISMS: A COMPARATIVE JOURNEY
THROUGH EUROPE
1. The Origin and Development of Quasi-criminal Enforcement Mechanisms in
Europe: Nordic Perspective
Raimo Lahti, University of Helsinki, Finland
2. Swiss Peculiarities of the Enforcement Mechanisms in Core, Secondary and
Administrative Criminal Law
Nadine Zurkinden, University of Zürich, Switzerland
3. Quasi-criminal Enforcement Mechanisms in Germany: Past and Present
Dominik Brodowski, Saarland University, Germany
4. Quasi-criminal Sanctions in Central Europe Their Origins and Evolution
Anna Blachnio-Parzych, Kozminski University, Poland
5. The Interplay between Criminal and Quasi-criminal Enforcement Mechanisms
in the UK Context Explored through the Prism of Market Abuse: Current
Approaches and Historical Perspectives
Sarah Wilson, University of York, UK and Gary Wilson, Nottingham Trent
University, UK
PART II
CRIMINAL, CIVIL, ADMINISTRATIVE WHATS IN A NAME? DISENTANGLING CONCEPTS,
SELECTED TOPICS
A. General Part of Criminal Law
6. Quasi-criminal Enforcement in Criminal Law and Penal Theory: What Would
Herbert Packer Say?
Christopher Harding, Aberystwyth University, UK
7. Four Dimensions of Nulla Poena Sine Culpa: The Principle of Individual
Culpability in Contexts of Criminal and Quasi-criminal Law Enforcement in
Europe
Ferry de Jong, Utrecht University, Netherlands
8. Non-conviction Based Confiscation: Moving the Confiscation of Criminal
Proceeds from the Criminal to the Civil Sphere: Benefits, Issues and Two
Procedural Aspects
Johan Boucht, University of, Norway
B. Special Part of Criminal Law
9. Crimmigration and Human Rights: Immigration Detention at the European
Court of Human Rights
Maria Pichou, Leiden University College, Netherlands
10. Cartel Offences: Quasi-criminal Enforcement for Criminal Behaviour?
Sophie De Sanctis, University of Luxembourg
11. Protection of Procedural Rights in Administrative and Criminal
Proceedings: The Case of the Privilege against Self-incrimination in Belgian
Customs Law
Ana Laura Claes, University of Liège, Belgium and Marie Horseele, KU Leuven,
Belgium
PART III
TOWARD A MORE COHERENT TERMINOLOGICAL FRAMEWORK IN EUROPE
12. Two Forms of Smudge: An ECtHR Perspective on the Blurring of Boundaries
between Criminal and Administrative Law
Katja ugman Stubbs, University of Ljubljana, Slovenia
13. The EU Legislatures Balancing Exercise between Practical Concerns and
Conceptual Divisions
Tamás Lukácsi, European Parliament
14. Criminal and Quasi-criminal Enforcement Mechanisms: Proposal for a More
Coherent European Approach
Christopher Harding, Aberystwyth University, UK and Vanessa Franssen,
University of Liège, Belgium
Vanessa Franssen is Professor at the University of Liège, Belgium. Christopher Harding is Professor of Law in the Department of Law and Criminology at Aberystwyth University, UK.
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