Acquiring competences for the creation of criminal offences begs the question of legitimacy. The European criminal justice system already has such competences and many instruments define criminal offences. The legality principle is a cornerstone doctrine for legitimising criminal norms in Western legal systems. Despite already being part of the European legal order, this principle lacks a coherent theoretical and normative blueprint that shows how it should be conceived in European criminal law.This book develops such a theory for the principle of legality in European criminal law. The focus is on the legitimising and normative functions of this principle. The reader shall find a proposal for a theoretical framework that legitimises European criminal law and the accompanying normative requirements of criminal liability. Questions such as the precision of European and national implementing norms, the position of case law as a source of law and the scope of interpretative powers of European and national courts are addressed. The book uses comparative research into national systems and modern theories of criminal law to build a framework for the principle of legality. This is then instilled with special characteristics of the European legal order, such as the multi-level system of authorities and sources, pluralism and freedom of movement.

Comparative Concepts of Criminal Law is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way and not just to the criminal law system of one specific jurisdiction. Compared with other fields of law, like contract and property law, comparative research into the so-called general part of criminal law is quite a recent phenomenon within academia. The increasing 'Europeanisation' of criminal law and policy makes such a comparative approach even more necessary.This handbook therefore fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control.This book is not only invaluable for students, but also for legal practitioners who want to broaden their knowledge of criminal law.

What practical problems are at stake in current EAW surrender proceedings? The research project Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines of which the three country reports for Greece, the Netherlands and Poland are now published, is a follow-up of an earlier project that led to the publication of The European Arrest Warrant and In Absentia Judgments, Maastricht Law Series No.12 InAbsentiEAW. This project is broader than in absentia alone and looks at various other aspects of the EAW surrender procedure that are problematic in practice. It also goes more into detail as it aims to present an alternative to the outdated Handbook for the European Arrest Warrant. This publication will be followed by a final report containing these Common Practical Guidelines. The current volume contains the country reports for Greece, the Netherlands and Poland as these countries offer a representative and interesting intersection of situations in daily practice when it comes to creating, fighting and solving problems on the EAW ImprovEAW. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series thatallows researchers an excellent opportunity to showcase their work.