The implementation of the Corpus juris in the member states: penal provisions for the protection of European finances

Front Cover
Intersentia, Jan 18, 2001 - Law - 532 pages
The establishment of an area of freedom, security and justice is one of the key objectives of the Treaty of Amsterdam. Measures to harmonize criminal law as well as measures in the field of police and judicial cooperation in criminal matters are an integral part of the strategy by which to attain this objective. On the basis of the conclusions of the European Council meeting at Tampere (1999), it is obvious that measures are needed so as to guarantee the real mutual recognition of judicial decisions in criminal matters, including the pre-trial decisions, and to guarantee the free circulation of criminal evidence. The original Corpus Juris study (1997) had elaborated a number of guiding principles in relation to the protection of the financial interests of the European Union within the framework of the European Judicial Space, including the European Public Prosecutor. This follow-up to the Corpus Juris study aims to analyse the feasibility of the Corpus Juris in relation to the legislation of the Member States and also to analyse the horizontal and vertical cooperation in the Member States. The publication of the follow-up study consists of four volumes. Volume I includes a final synthesis, with a new version of the Corpus Juris (Corpus Juris 2000), and syntheses on the feasibility of the Corpus Juris (draft of 1997) in relation to the legislation of the Member States. Volumes II and III include the 15 national reports concerning the 35 articles of the Corpus Juris (1997 draft). Volume IV relates only to questions concerning horizontal and vertical co-operation. The study was carried out in 1998-1999 upon the request of the European Parliament and the Anti-Fraud Office, OLAF, by researchers from the Association of European Lawyers for the Protection of the Financial Interests of the European Union.

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Contents

Austria Prof F Hôpfel
1
Synthesis
3
Belgium Prof C van den WyngaertDr G Stessens
75
Prof M DelmasMarty
107
Prof M DelmasMarty
109
Guiding principles draft agreed in Florence
187
Principes directeurs du Corpus Juris version de Florence
189
Overview of procedure
211
France Prof M DelmasMartyDr S Manacorda
287
Prof J Vogel
305
Dr R Sicurella
314
Prof M DelmasMarty Prof J Spencer
327
Prof M DelmasMarty Prof J Spencer
341
Dr S Manacorda
347
Germany Prof K TiedemannProf J Voge1
349
Dr S Manacorda
363

Schéma densemble de la procédure
215
Denmark P Garde
221
PART H Horizontal syntheses of comparative
239
Criminal law Special part Articles 18 217
249
Finland Prof R LahtiP Pôlônen
251
Dr S White
369
PARTIE HI Bases juridiques pour la mise en oeuvre
387
Greece Prof D Spinellis
417
Ireland J Bames
465
Italy Dr R Sicurella
489

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About the author (2001)

Mireille Delmas-Marty is Professor at the College de France, where she holds the Chair in Comparative Legal Studies and the Internationalisation of Law. Her publications include Pour un droit commun (1994; published as Towards a Truly Common Law by CUP, 2001), Trois defis pour un droit mondial (1998) and Le Relatif et l'Universel (2004). She is also editor of Droit penal des affaires (4th edition 2000).