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Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future (eBook)

Edited by: Vanessa Franssen, Christopher Harding

ISBN13: 9781509932870
Published: February 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £85.50
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This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.

Subjects:
International Criminal Law, eBooks
Contents:
Introduction: Criminal versus Quasi-criminal Enforcement – Setting the Scene
Vanessa Franssen, University of Liège, Belgium and Christopher Harding, Aberystwyth University, UK
PART I. THE ORIGINS OF QUASI-CRIMINAL ENFORCEMENT MECHANISMS: A COMPARATIVE JOURNEY THROUGH EUROPE
1. The Origin and Development of Quasi-criminal Enforcement Mechanisms in Europe: Nordic Perspective
Raimo Lahti, University of Helsinki, Finland
2. Swiss Peculiarities of the Enforcement Mechanisms in Core, Secondary and Administrative Criminal Law
Nadine Zurkinden, University of Zürich, Switzerland
3. Quasi-criminal Enforcement Mechanisms in Germany: Past and Present
Dominik Brodowski, Saarland University, Germany
4. Quasi-criminal Sanctions in Central Europe – Their Origins and Evolution
Anna Blachnio-Parzych, Kozminski University, Poland
5. The Interplay between Criminal and Quasi-criminal Enforcement Mechanisms in the UK Context Explored through the Prism of 'Market Abuse': Current Approaches and Historical Perspectives
Sarah Wilson, University of York, UK and Gary Wilson, Nottingham Trent University, UK
PART II. CRIMINAL, CIVIL, ADMINISTRATIVE … WHAT'S IN A NAME? DISENTANGLING CONCEPTS, SELECTED TOPICS
A. General Part of Criminal Law
6. Quasi-criminal Enforcement in Criminal Law and Penal Theory: What Would Herbert Packer Say?
Christopher Harding, Aberystwyth University, UK
7. Four Dimensions of Nulla Poena Sine Culpa: The Principle of Individual Culpability in Contexts of Criminal and Quasi-criminal Law Enforcement in Europe
Ferry de Jong, Utrecht University, Netherlands
8. Non-conviction Based Confiscation: Moving the Confiscation of Criminal Proceeds from the Criminal to the 'Civil' Sphere: Benefits, Issues and Two Procedural Aspects
Johan Boucht, University of, Norway
B. Special Part of Criminal Law
9. 'Crimmigration' and Human Rights: Immigration Detention at the European Court of Human Rights
Maria Pichou, Leiden University College, Netherlands
10. Cartel Offences: Quasi-criminal Enforcement for Criminal Behaviour?
Sophie De Sanctis, University of Luxembourg
11. Protection of Procedural Rights in Administrative and Criminal Proceedings: The Case of the Privilege against Self-incrimination in Belgian Customs Law
Ana Laura Claes, University of Liège, Belgium and Marie Horseele, KU Leuven, Belgium
PART III. TOWARD A MORE COHERENT TERMINOLOGICAL FRAMEWORK IN EUROPE
12. Two Forms of Smudge: An ECtHR Perspective on the Blurring of Boundaries between Criminal and Administrative Law
Katja Šugman Stubbs, University of Ljubljana, Slovenia
13. The EU Legislature's Balancing Exercise between Practical Concerns and Conceptual Divisions
Tamás Lukácsi, European Parliament
14. Criminal and Quasi-criminal Enforcement Mechanisms: Proposal for a More Coherent European Approach
Christopher Harding, Aberystwyth University, UK and Vanessa Franssen, University of Liège, Belgium

Series: Hart Studies in European Criminal Law

EU Fair Trial Rights in Criminal Proceedings ISBN 9781509938643
To be published May 2024
Hart Publishing
£100.00
Corporations and the Privilege against Self-Incrimination ISBN 9781509953318
To be published December 2022
Hart Publishing
£85.00
The Fight Against Impunity in EU Law ISBN 9781509945610
Published June 2022
Hart Publishing
£41.99
The Legitimacy of EU Criminal Law ISBN 9781509944392
Published January 2022
Hart Publishing
£36.99
Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509944958
Published February 2021
Hart Publishing
£36.99
The Principle of Mutual Trust in EU Criminal Law ISBN 9781509924547
Published February 2021
Hart Publishing
£80.00
The Principle of Mutual Trust in EU Criminal Law (eBook) ISBN 9781509924554
Published February 2021
Hart Publishing
£35.99
(ePub)
Buy
The Fight Against Impunity in EU Law (eBook) ISBN 9781509926886
Published November 2020
Hart Publishing
£37.79
(ePub)
Buy
The Fight Against Impunity in EU Law ISBN 9781509926879
Published November 2020
Hart Publishing
£90.00
The Legitimacy of EU Criminal Law ISBN 9781509919741
Published July 2020
Hart Publishing
£80.00
The Legitimacy of EU Criminal Law (eBook) ISBN 9781509919758
Published July 2020
Hart Publishing
£33.29
(ePub)
Buy
The Needed Balances in EU Criminal Law: Past, Present and Future ISBN 9781509937493
Published April 2020
Hart Publishing
£49.99
£41.99
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509934744
Published November 2019
Hart Publishing
£36.99
£41.99
£36.99
Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook) ISBN 9781509914982
Published December 2018
Hart Publishing
£33.29
(ePub)
Buy
Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509914975
Published December 2018
Hart Publishing
£80.00
White Collar Crime: A Comparative Perspective ISBN 9781509917891
Published November 2018
Hart Publishing
£110.00
White Collar Crime: A Comparative Perspective (eBook) ISBN 9781509917907
Published November 2018
Hart Publishing
£99.00
(ePub)
Buy
The Needed Balances in EU Criminal Law (eBook) ISBN 9781509917020
Published December 2017
Hart Publishing
£44.99
(ePub)
Buy
Redefining Organized Crime: A Challenge for the European Union? ISBN 9781509904709
Published December 2017
Hart Publishing
£90.00
The Needed Balances in EU Criminal Law ISBN 9781509917006
Published December 2017
Hart Publishing
£110.00
£37.79
(ePub)
Buy
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509903351
Published July 2017
Hart Publishing
£80.00
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
Published July 2017
Hart Publishing
£33.29
(ePub)
Buy
£90.00
£37.79
(ePub)
Buy
£33.29
(ePub)
Buy
Challenges in the Field of Economic and Financial Crime in Europe and the US ISBN 9781509908035
Published February 2017
Hart Publishing
£80.00