Podcast
Questions and Answers
What is a primary action taken by law enforcement through EU institutions?
What is a primary action taken by law enforcement through EU institutions?
What does mutual recognition of judgments primarily aim to establish?
What does mutual recognition of judgments primarily aim to establish?
Which principle is identified as a limitation of mutual trust in legal frameworks?
Which principle is identified as a limitation of mutual trust in legal frameworks?
What does 'ordre public' refer to in the context of mutual recognition of judgments?
What does 'ordre public' refer to in the context of mutual recognition of judgments?
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Which of the following is NOT a component of mutual recognition of judgments?
Which of the following is NOT a component of mutual recognition of judgments?
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What defines European criminal law in a strict sense?
What defines European criminal law in a strict sense?
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Which of the following statements is true regarding the Charter of Fundamental Rights of the European Union?
Which of the following statements is true regarding the Charter of Fundamental Rights of the European Union?
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What is true about European Union regulations?
What is true about European Union regulations?
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Which of the following is considered primary law in the EU?
Which of the following is considered primary law in the EU?
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What role does the Council of the EU play in EU law?
What role does the Council of the EU play in EU law?
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What does a directive in EU law require from member states?
What does a directive in EU law require from member states?
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Which EU institution is primarily responsible for judicial matters?
Which EU institution is primarily responsible for judicial matters?
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Which of the following best describes the function of decisions in EU law?
Which of the following best describes the function of decisions in EU law?
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What is the primary principle outlined in Article 4 of the TEU regarding the relationship between EU Law and national law?
What is the primary principle outlined in Article 4 of the TEU regarding the relationship between EU Law and national law?
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Which directive specifically addresses the issue of sexual abuse of children?
Which directive specifically addresses the issue of sexual abuse of children?
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What does Article 67 of the TFEU emphasize about EU law enforcement?
What does Article 67 of the TFEU emphasize about EU law enforcement?
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Which aspect of EU law aims to prevent conflicts between national law and EU law?
Which aspect of EU law aims to prevent conflicts between national law and EU law?
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What does the concept of 'Principle of Conferral' in Article 4 of the TEU imply?
What does the concept of 'Principle of Conferral' in Article 4 of the TEU imply?
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Which article of the TFEU provides a general clause for competences in specific policy areas?
Which article of the TFEU provides a general clause for competences in specific policy areas?
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What role does the European Court of Justice (ECJ) play concerning EU law and national law?
What role does the European Court of Justice (ECJ) play concerning EU law and national law?
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Which directive aims to combat money laundering within the EU?
Which directive aims to combat money laundering within the EU?
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Study Notes
Principles of Criminal Law
- The course covers the Principle of Legality and European Criminal Law
- The date of the course is Wednesday, October 2, 2024
- The lecturer is Niklas Lauer from the University of Trier
- The course content includes the Principle of Legality and European Criminal Law
Course Content
- Principle of Legality
- General Idea
- Historical Background
- Article 7 ECHR
- European Criminal Law
- Terminology and Introduction
- Supranational European criminal law
- Influence of EU-law on national law
- Law enforcement through EU-Institutions
- ECHR
Principle of Legality – General Idea
- Rule of Law
- Judicial safety of citizens
- Predictability of criminal offences and punishment
- Separation of power
Principle of Legality – Article 22 Rome Statute of the International Criminal Court
- A person is not criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
- The definition of a crime shall be strictly construed and shall not be extended by analogy
- In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
- This article does not affect the characterization of any conduct as criminal under international law independent of this Statute
Principle of Legality – Article 15 International Covenant on Civil and Political Rights
- No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed.
- Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed.
- If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby.
- Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by the community of nations.
Principle of Legality – Historical Background
- Cesare Beccaria, Dei delitti e delle pene (1764)
- Le Baron de Montesquieu, De L'Esprit des Loix (1748)
- Separation of power
- Art. 8 Déclaration des Droits de l'Homme et du Citoyen (1789)
- Paul Johann Anselm Ritter von Feuerbach, Lehrbuch des gemeinen in Deutschland gültigen peinlichen Rechts (1801)
- Nulla poena, nullum crimen sine lege
Principle of Legality – Art. 7 ECHR
- No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.
- Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
- This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
Principle of Legality – Art. 7 ECHR – Nature of ECHR
- Treaty by sovereign states in international law
- Institution: Council of Europe
- Implemented: 1949
- Currently 46 member states, not only EU members
- Binds them only
Principle of Legality – Art. 7 ECHR – General Basics
- No one shall be held guilty of any criminal offence on account of any act or omission that did not constitute a criminal offence under national or international law at the time when it was committed.
- Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
- Nullum crimen sine lege
- Nulla poena sine lege
European Criminal Law – General Idea
-
National classification of the offence
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Nature of the offence itself
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Degree of severity of the penalty
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Nullum crimen sine lege*
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Requirement of legal basis for the case of, 'criminal offence"
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Individual must be protected against arbitrariness by a judge
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Principle constrains the judge to rely on usage or custom in the creation of a criminal charge
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Nullum crimen sine lege*
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Requirement of legal basis-'law'
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Autonomous meaning under ECHR
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Legislation
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Judge-made law
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Primary Law
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Delegated Law
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Qualitative requirements of 'law'
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Accessibility
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Foreseeability
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Conditional is satisfied where the individual can know from the wording of the relevant provision
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Prohibition of analogy
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Law enforcement through EU- Institutions*
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Cooperation between police and judicial authorities
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Exchange of information
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Harmonisation of national criminal procedure law
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Mutual recognition of judgments
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European Union Criminal Law*
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Relationship between national law and EU-law
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Parallelism of national law and EU-law
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Primary of EU-law
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ECJ: EU law has priority over any contravening national law
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Principle of conferral
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Influence of EU-Law on national law*
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Influence of primary law
- Minimum of criminalisation
- Minimum of individual freedom
- Especially "four freedoms" (Art. 26 ff. TFEU)
- Of goods
- Of capital
- To establish and provide services
- Of labour
- Loyalty towards EU-law: Art. 4 III TEU
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Violation of EU-Law: member states must provide effective, proportionate and deterrent sanctions
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Influence by secondary law
- important areas of harmonisation
- Art. 83 II TFEU - competences for specific policy areas
- General clause for any policy area where the EU has already adopted ( non-criminal) harmonization measures
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ECHR and EU*
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Possibility and Obligation of Accession
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Currently EU is not at member of Council of Europe → EU cannot be sued before ECtHR
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Art. 6 1TEU - EU recognizes the rights, freedoms and principles out in the ECHR
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Art. 6 11IEU - ECHR provisions as general principle of EU Law
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ECHR as primary EU-Law
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Art. 52 111 CFR - Any limitation on exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect essence of those rights and freedoms
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Description
This quiz covers key concepts of the Principle of Legality and European Criminal Law, examining their historical background and significant legal frameworks such as Article 7 ECHR. Join lecturer Niklas Lauer from the University of Trier to test your understanding of these essential legal principles.
