Principles of Criminal Law Overview
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Questions and Answers

What is a primary action taken by law enforcement through EU institutions?

  • Exchange of information (correct)
  • Establishing international treaties
  • Setting national crime rates
  • Conducting independent investigations

What does mutual recognition of judgments primarily aim to establish?

  • Acceptance of legal differences among member states (correct)
  • A unified legal code across all EU countries
  • Imposition of a single judicial authority
  • Elimination of national laws

Which principle is identified as a limitation of mutual trust in legal frameworks?

  • Global harmonization of laws
  • Independence of judicial systems
  • Respect for national identities (correct)
  • Simplifying cross-border offenses

What does 'ordre public' refer to in the context of mutual recognition of judgments?

<p>Public order and fundamental rights (D)</p> Signup and view all the answers

Which of the following is NOT a component of mutual recognition of judgments?

<p>Creation of a common European prosecutor (B)</p> Signup and view all the answers

What defines European criminal law in a strict sense?

<p>European Criminal Law Act (B)</p> Signup and view all the answers

Which of the following statements is true regarding the Charter of Fundamental Rights of the European Union?

<p>It binds EU institutions and member states while executing EU law. (D)</p> Signup and view all the answers

What is true about European Union regulations?

<p>They become immediately enforceable as law in all member states. (D)</p> Signup and view all the answers

Which of the following is considered primary law in the EU?

<p>Treaties (C)</p> Signup and view all the answers

What role does the Council of the EU play in EU law?

<p>It negotiates and adopts laws. (A)</p> Signup and view all the answers

What does a directive in EU law require from member states?

<p>Achievement of a particular result without specifying how to reach that result. (C)</p> Signup and view all the answers

Which EU institution is primarily responsible for judicial matters?

<p>European Court of Justice (C)</p> Signup and view all the answers

Which of the following best describes the function of decisions in EU law?

<p>They are binding in their entirety. (A)</p> Signup and view all the answers

What is the primary principle outlined in Article 4 of the TEU regarding the relationship between EU Law and national law?

<p>EU Law has priority over any conflicting national law. (D)</p> Signup and view all the answers

Which directive specifically addresses the issue of sexual abuse of children?

<p>Directive 2011/93/EU (D)</p> Signup and view all the answers

What does Article 67 of the TFEU emphasize about EU law enforcement?

<p>It emphasizes cooperation between police and judicial authorities. (B)</p> Signup and view all the answers

Which aspect of EU law aims to prevent conflicts between national law and EU law?

<p>Interpretation in conformity with EU Law. (D)</p> Signup and view all the answers

What does the concept of 'Principle of Conferral' in Article 4 of the TEU imply?

<p>EU can act only within the limits of the powers granted to it. (C)</p> Signup and view all the answers

Which article of the TFEU provides a general clause for competences in specific policy areas?

<p>Article 83 II TFEU (C)</p> Signup and view all the answers

What role does the European Court of Justice (ECJ) play concerning EU law and national law?

<p>It reviews national laws for compliance with EU law. (A)</p> Signup and view all the answers

Which directive aims to combat money laundering within the EU?

<p>Directive 2018/843/EU (C)</p> Signup and view all the answers

Flashcards

Mutual Recognition of Judgments

The principle of mutual recognition of judgments in criminal matters allows for judgments issued by one EU Member State to be recognized and enforced in other Member States. This means that a criminal conviction in one country is automatically valid in another and can be executed there.

Mutual Trust

The principle of mutual recognition of judgments is based on the trust that each Member State has in the justice system of other Member States. This trust is essential for the smooth functioning of the EU's judicial cooperation system.

Limitations of Mutual Recognition

Despite strong trust among EU Member States, there are limits to the application of the mutual recognition principle. These limitations arise from respecting national identities and ensuring that judgments are compatible with the public order of the receiving Member State.

Ordre Public

One limitation on the principle of mutual recognition is the need to respect the "ordre public", which refers to the fundamental principles of public order that are essential for the functioning of a State. This includes principles like human rights, public safety, and national security.

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Acceptance of Legal Differences

The mutual recognition of judgments system is designed to harmonize criminal procedure law across the EU, but it also recognizes that national legal systems have unique characteristics. This means that some adjustments may be necessary when a judgment is recognized in another Member State.

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European Criminal Law (in wider sense)

A body of legal principles and rules stemming from the European Union that shapes the criminal laws of its member states.

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European Convention on Human Rights (ECHR)

The European Convention on Human Rights, a treaty developed by the Council of Europe that safeguards human rights in its member states.

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EU Primary Law

The primary governing documents of the European Union, including the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

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Charter of Fundamental Rights of the EU (CFR)

The EU's charter guaranteeing fundamental rights to people in the EU, with binding power for member states when implementing EU law.

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EU Treaties

The Treaties that establish the structure, functions, and goals of the European Union.

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Regulations (EU)

EU legal acts that are directly applicable in all member states, requiring no national implementation. Examples include laws on trade or competition.

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Directives (EU)

EU legal acts laying out goals for member states to achieve, but leaving the implementation to national laws.

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Decisions (EU)

EU legal acts that are binding only on those addressed, addressing specific legal issues.

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EU law's influence on national law: harmonization

EU law influences how national laws are made. It works by focusing on specific policy areas where the EU has already harmonized legal standards.

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National law interpretation: EU consistency

To prevent conflicts with EU law, national laws must be interpreted in a way that's consistent with EU law. This is based on the principle of loyalty.

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European criminal law: specific vs. broad

European criminal law can either be focused specifically on EU legislation or have a broader scope that encompasses national law as well.

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EU law's primacy

EU law takes precedence over conflicting national laws, even including national constitutions, according to the European Court of Justice.

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Principle of Conferral: EU's limited criminal law power

The EU must act within its own defined powers, and it can create criminal laws only if the specific power to do so has been granted by member states.

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Harmonizing criminal laws: European criminal law objective

Harmonizing criminal laws across EU countries is a key element of European criminal law.

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EU-led law enforcement: police and judicial cooperation

The EU encourages cooperation between police and judicial authorities of its member states to effectively combat crime.

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EU-led law enforcement: judgment recognition

EU law promotes mutual recognition of judgments in criminal matters, which means a decision in one country has legal force in other member states.

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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

  • Nature of the offence itself

  • Degree of severity of the penalty

  • Nullum crimen sine lege*

  • Requirement of legal basis for the case of, 'criminal offence"

  • Individual must be protected against arbitrariness by a judge

  • Principle constrains the judge to rely on usage or custom in the creation of a criminal charge

  • Nullum crimen sine lege*

  • Requirement of legal basis-'law'

  • Autonomous meaning under ECHR

  • Legislation

  • Judge-made law

  • Primary Law

  • Delegated Law

  • Qualitative requirements of 'law'

  • Accessibility

  • Foreseeability

  • Conditional is satisfied where the individual can know from the wording of the relevant provision

  • Prohibition of analogy

  • Law enforcement through EU- Institutions*

  • Cooperation between police and judicial authorities

  • Exchange of information

  • Harmonisation of national criminal procedure law

  • Mutual recognition of judgments

  • European Union Criminal Law*

  • Relationship between national law and EU-law

  • Parallelism of national law and EU-law

  • Primary of EU-law

  • ECJ: EU law has priority over any contravening national law

  • Principle of conferral

  • Influence of EU-Law on national law*

  • 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

  • Violation of EU-Law: member states must provide effective, proportionate and deterrent sanctions

  • 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

  • ECHR and EU*

  • Possibility and Obligation of Accession

  • Currently EU is not at member of Council of Europe → EU cannot be sued before ECtHR

  • Art. 6 1TEU - EU recognizes the rights, freedoms and principles out in the ECHR

  • Art. 6 11IEU - ECHR provisions as general principle of EU Law

  • ECHR as primary EU-Law

  • 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.

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