Unit:
Κατεύθυνση Δίκαιο της Ευρωπαϊκής ΈνωσηςLibrary of the School of Law
Supervisors info:
Μεταξία Κουσκουνά, Επίκουρη Καθηγήτρια, Νομικής Αθηνών, ΕΚΠΑ
Ρεβέκκα - Εμμανουέλα Παπαδοπούλου, Επίκουρη καθηγήτρια, Νομικής Αθηνών, ΕΚΠΑ
Γεώργιος Κυριακόπουλος, Λέκτορας, Νομικής Αθηνών, ΕΚΠΑ
Original Title:
Το διασυνοριακό έγκλημα στην ενωσιακή έννομη τάξη
Translated title:
Transnational crime in EU Legal order
Summary:
SUMMARY
This diploma thesis examines the complexity of cross-border crime in the European Union and the associated competence of the Union to legislate on the convergence of definitions of crimes and penalties between Member States as a means of combating it, in the ends of forming an area of freedom and security. Since substantive criminal law forms part of the hard core of state sovereignty, the fact that a supranational legal and political entity such as the European Union develops competence to legislate in such a sensitive area of law highlights the deep penetration of the autonomous EU legal order into national law. It also reveals the pathology of the relevant competence in its historical continuity as to its formal and substantive democratic legitimacy. Since the convergence of heteronomous national criminal law systems is an extremely difficult process, the dangers of a mechanistic EU criminal law that affects the traditional principles of criminal law as part of the constitutional identity of the Member States are visible. Therefore, the question of the protection of civil rights and the safeguarding of criminal law functions also derives from an EU-based approach in the Union's legislative process. As a culmination, the dual task of criminal law, namely its guaranteeing function for legitimate goods and the consolidation of social peace as well as the safeguarding of its arbitrariness, implies the formation of a new consistent European criminal dogmatic thought that will set up the appropriate legal framework for combating particularly serious crimes with a cross-border dimension within the Union while guaranteeing the prevalence of the rule of law in the criminal legislative procedure.
Main subject category:
Law and Legislation
Other subject categories:
European law
Keywords:
cross border criminality, state sovereignity, European Union, legislative procedure, EU criminal law
File:
File access is restricted only to the intranet of UoA.
Το διασυνοριακό έγκλημα στην ενωσιακή έννομη τάξη.pdf
1 MB
File access is restricted only to the intranet of UoA.
