What Kind Or Criminal Policy for Europe?

Front Cover
Mireille Delmas-Marty, Mark A. Summers, Ginette Mongin
Martinus Nijhoff Publishers, Oct 23, 1996 - Law - 343 pages
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Europe is caught between the extreme diversity of national systems and the increasing complexity of supranational institutions. Some fear the worst. They claim that diversity is linked to insecurity because, from one country to another, the sanction for the same crime varies considerably.
Several years' experience has shown in cases of transborder crimes, that the development of mutual assistance pacts improves the efficiency of the national systems. Beyond that, it seems inevitable that at least in the area of frauds against Community financial interests, we will arrive at a system of Community penal and administrative sanctions to meet the demand of the European Parliament, on the condition that the sanctions respect the democratic principles of legality and an independent judiciary. Starting from the plurality of European legal sources (Community law, the Conventions of the Council of Europe, the Schengen Accords, the Conference on Security and Cooperation) and their underlying logic (national interests European interests, security/protection of the fundamental rights), this volume examines their impact on the subjects of the Maastricht Treaty.
After describing practices of control and sanction, as well as procedures and guarantees, it tackles the ultimate question of common guiding principles. The bet being that, beyond the bottom line of current penal policy, could be the design for - in the singular, no longer the plural - a criminal policy for the Europe of tomorrow.
 

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Contents

Objectives and Principles of and Constraints on a Criminal Policy
7
Protection of the Financial Interests of the Community and Respect
13
From Infinitely Small to Infinitely Large
19
Diversity in Reasoning
33
An Obstacle Course
41
ENFORCEMENT AND SANCTIONS
49
Entry Residence and Employment of Foreigners in Germany
65
Entry Residence and Employment of Foreigners in Poland
71
The French Judge Confronted With a Fraud on the Financial
151
Summary of the Round Table
163
Judicial Assistance in Criminal Cases Within the European Union
169
Police Cooperation Judicial Cooperation
185
Administrative Cooperation
191
Summary of the Round Table
205
Does the Community Legal Order Have the Power
249
Summary of the Round Table
267

Summary of the Round Table
83
TERRORISM NARCOTICS TRAFFICKING WHITECOLLAR OFFENSES
89
Stock Market Offenses
105
Laundering Money Derived from
115
Summary of the Round Table
123
Obligations
145
The Case Law of the European
277
Summary of the Round Table
303
The Action of the European Parliament to Protect Community
323
The Action of the European Commission of the Community
329
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