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The Constitutional Dimension of European Criminal Law (Hardcover, New)
Loot Price: R3,385
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The Constitutional Dimension of European Criminal Law (Hardcover, New)
Series: Modern Studies in European Law
Expected to ship within 12 - 19 working days
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Criminal law is one of the most rapidly changing areas of
contemporary EU law and integration. The Treaty of Lisbon has
elevated it to a central place in the constitution of the EU,
within the dynamic area of freedom, security and justice. The
phenomenon of EU criminal law as such is however far from new but
has developed on an ad hoc basis, not least as a result of the case
law of the European Court of Justice. Central to the Court's
reasoning in this area has been the principle of effectiveness. A
main theme running through the book is therefore the role of the
axiom of effectiveness, which is critically examined, with
particular attention to its use by the European Ccurt of Justice in
recent leading cases. This book explores the constitutional
principles underlying it, both those determining the substantive
values it embodies, and those determining its scope and extent.
Other chapters consider the phenomenon of preventative
criminalisation at EU level and the protection of subsidiarity and
proportionality in EU criminal law. The balance between effective
EU action, proper control of competence and adequate protection of
individual rights is of growing importance as EU criminal law
expands, but, as this book suggests, has not yet been fully
articulated or entrenched by the institutions of the EU.
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