Academic literature on the topic 'Criminal procedure – European Union countries'
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Journal articles on the topic "Criminal procedure – European Union countries"
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Kupryashina, Elena A., Snezhana S. Khalimonenko, Aleksander A. Nasonov, Ekaterina A. Novikova, and Sergey F. Shumilin. "Extradition under the Legislation of the Russian Federation and Member States of the European Union." Cuestiones Políticas 37, no. 65 (August 2020): 93–102. http://dx.doi.org/10.46398/cuestpol.3865.07.
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The document analyzes the legislation of the Russian Federation and the member states of the European Union on extradition from the point of view of its compliance with the current European Convention on Extradition. It also makes proposals to improve the rules of the Criminal Procedure Code of the Russian Federation that regulates the extradition procedure. Methodologically, the work uses scientific methods of analysis and synthesis, as well as the historical, comparative method, all in an integrated approach. Among the conclusions, the fact that for the previous legal provisions to work, its consolidation only in the Code of Criminal Procedure of the Russian Federation is insufficient. The first step to put them into practice could be to discuss the issue of making the necessary amendments to the Convention on Legal Assistance and Legal Relations in Civil Matters, as well as in the Family and Criminal Affairs regulations of January 22, 1993, of which the countries of the European Convention on Extradition are parties.
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Kyrychenko, Oleh, Vadym Nehodchenko, Vadym Davydiuk, Viacheslav Kuzyk, and Oleksandr Mishchanynets. "Ways of reforming the criminal and criminal procedural legislation of Ukraine in the context of European integration." Cuestiones Políticas 40, no. 75 (December 29, 2022): 114–23. http://dx.doi.org/10.46398/cuestpol.4075.07.
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The purpose of the research is to highlight problematic issues and ways of reforming the criminal procedural legislation of Ukraine in the context of European integration. Main content. The article analyzes the current criminal procedural legislation of Ukraine and that of European Union countries. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of methodological approaches to understanding of problematic issues and ways of reforming criminal procedural legislation of Ukraine in the context of European integration were considered. Conclusions. Shortcomings of the Criminal Procedure Code of Ukraine have been highlighted. Prospects of their reforming were outlined and changes to the current legislation in the context of European integration were proposed.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Dremliuga, Roman, and Alexander Korobeev. "A Fight Against the Dissemination of Deepfakes in Other Countries: Criminal and Criminological Aspects." Russian Journal of Criminology 15, no. 3 (July 2, 2021): 372–79. http://dx.doi.org/10.17150/2500-4255.2021.15(3).372-379.
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The authors analyze a relatively new phenomenon of spreading realistic audiovisual fake materials (deepfakes). This socially dangerous phenomenon is not reflected in the Russian criminal legislation as a separate offence. At the same time, some countries have started developing a criminal policy in this sphere. The methodology of the study presupposes a comparative law analysis of current legislations of the USA, China and the European union regarding the liability for the dissemination of realistic audiovisual fakes. The analysis of criminal legislation is aimed at the identification and systematization of key approaches to criminalizing the dissemination of realistic audiovisual fakes in the countries that are the leaders in digitizing their social and economic life. It showed that there are radically different approaches to regulating criminal liability for the actions under consideration. The authors analyzed criminal policy of the United States at the federal and state levels on the criminal law protection against infringements through deepfakes. They found that the first action to be recognized as criminal is the use of realistic audiovisual fakes for electoral intervention. The legislations of some states strictly regulate the procedure of posting such content before elections, the most serious violations leading to criminal liability. Besides, the United States recognizes as criminally punishable the use of deepfakes for creating materials of intimate nature and for identity theft. The People’s Republic of China establishes liability, including criminal liability, for posting any fake realistic-looking audiovisual materials without mentioning that they are fake. Currently there are no special criminal law norms regulating liability for the dissemination of deepfakes in the law of the European Union. This action should be viewed as infringement of the lawful use of personal data. The authors give their assessment of some criminological characteristics of the analyzed publicly dangerous phenomenon in Russia and in the world. In spite of the relative novelty of the deepfake technology, realistic fake videos are quite common. The society supports the necessity of criminalizing this publicly dangerous action.
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Movchan, Roman, Oleksandr Dudorov, Andrii Vozniuk, Vitalii Areshonkov, and Yuriy Lutsenko. "Combating commodity smuggling in Ukraine: in search of the optimal legislative model." Revista Amazonia Investiga 10, no. 47 (December 17, 2021): 142–51. http://dx.doi.org/10.34069/ai/2021.47.11.14.
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The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.
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Barbu, Denisa. "Remedy Action for Judicial Errors Committed in Criminal Proceedings in the Light of the Provisions of the European Convention of Human Rights and the Practice of the European Court of Human Rights." Logos Universality Mentality Education Novelty: Law 10, no. 2 (January 10, 2023): 01–12. http://dx.doi.org/10.18662/lumenlaw/10.2/72.
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In its desire to integrate into the European Union and to close chapter 24 of accession, entitled "Internal Affairs and Justice", Romania adopted a series of regulations in criminal matters aimed at ensuring the alignment of our legislation with that of the countries of the European Community. However, our country remained unable to openly recognize its gaps and mistakes in this field, as well as to take measures in the sense shown. Thus, the New Code of Criminal Procedure remained, further, very restrictive, not fully clarifying the hypothesis of persons sent to court in a state of freedom and who were unjustly convicted. This article deals with the issue of reparation for miscarriages of justice in criminal trials, as it has evolved in the light of the provisions of the European Convention on Human Rights and the practice of the European Court of Human Rights.
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Turanjanin, Veljko, and Dragana Čvorović. "Composition of the criminal courts." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 187–219. http://dx.doi.org/10.51204/anali_pfub_18208a.
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The composition of a criminal court stands as one of the most interesting issues in the comparative law. Different viewpoints when it comes to the need of including non-professional citizens in the contemporary criminal procedure have contributed to interesting approaches related to regulating this issue. First of all, there are original jury systems that are a feature related mainly to the Anglo-American legal systems, but whose ideas have found their place in the European legislature as well. Furthermore, there are countries where the trial body stands as a separate authority, which consists of professional judges and lay judges, whereas some of the countries have both professional judges and lay judges, the first being in charge of resolving legal issues, and the second ones being in charge of factual issues. There are many articles devoted to the jury systems in the world, but in a very small proportion of them we could find solutions from the mixed court of the Balkan countries. Mixed court is one of the features continental countries. The authors compare Balkan countries, where Slovenia and Croatia being the European Union Members, whereas the rest of them are in the process of accession. Thereby, some of the countries strive to get their courts become more professional by leaving out citizens non-professional from the composition of trial chamber, while some of them have kept them, whereby the scope of their jurisdiction varies from one country to another. Today, it is a great question whether a mixed court will survive legislative changes, due to the criticism of the jurists and non-jurists.
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Peruzzo, Katia. "European English and the translation of the Italian Code of Criminal Procedure." Between specialised texts and institutional contexts – competence and choice in legal translation 3, no. 1 (May 11, 2017): 5–19. http://dx.doi.org/10.1075/ttmc.3.1.02per.
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Abstract The English translation of the Italian Code of Criminal Procedure (Gialuz, Lupária, and Scarpa 2014) represents a step forward in fostering judicial and police cooperation in Europe. This is made possible by making the content of the Code accessible to a wide English-speaking audience. Given the informative purpose of the translation (Cao 2007), whose intended readers are mainly European citizens, the target language chosen by the translation team is European English, i.e. the English used in European Union texts, the international English used in Council of Europe texts, the English found in the translations of the Codes of Criminal Procedure of other European countries and the English used by law scholars (Scarpa, Peruzzo, and Pontrandolfo 2014). The European continent is a multidimensional and multilayered legal reality in which different languages co-exist and legal transplants and terminological transfers are commonplace. Based on such premises, however, the embeddedness of the Code of Criminal Procedure in the Italian legal system poses several translation difficulties, especially in the search for supranational/international English translation equivalents for terms that refer to nationally developed legal concepts. For these terms, established translation equivalents are not necessarily available. The aims of this paper are threefold: to describe the features of the interdisciplinary translation team consisting of ten members (linguists and lawyers), to lay out the peculiarities of the translation process in which professionals with a different background were involved, and to illustrate the methodology applied as regards terminological choices. To do so, a concrete example from the translated text will be provided to lay out the challenges faced and the solution adopted by the translation team.
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T. Dyussebayev, Talgat, Kuanysh T. Terlikbayev, Talgat T. Balashov, Marat I. Zhumagulov, and Alima O. Omirali. "Features for ensuring the rights and freedoms of the suspect (accused) in the CIS states according to the European standards." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 1 (August 2020): 247–65. http://dx.doi.org/10.3280/riss2020-001015.
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The purpose of the article is to ensure the rights and freedoms of the suspect in the field of modern transformations of the criminal procedure legislation. In this article, the authors attempted to analyze the problems arising in practice of ensuring the rights and freedoms of the suspect (accused) in the light of modern changes in the criminal procedural law in the CIS countries, comparing them with the changes that have taken place and are currently being improved in the legislation of the European Union. The methodological and empirical basis for writing this article was composed of the general scientific dialectic method of cognition and the pri-vate scientific methods, which include historical-legal, systemic-functional, formal-logical, comparative-legal, etc. The authors studied only the latest and most relevant standards that meet the latest trends in criminal procedure legislation in the field of granting and protecting the rights and freedoms of a suspect (accused).
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Mykytyn, Yu I. "Defining Approaches To The Classification Of Criminal Procedure Policies Of EU Member States." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 166–77. http://dx.doi.org/10.15330/apiclu.51.166-177.
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This article analyzes the approaches to the classification of criminal procedural policiesof EU Member States. The basic variants of classifications of models (types) of criminal procedure policies of the EU Member States are investigated.
It is considered that in the context of defining approaches to the classification of criminal procedural policies of the Member States of the European Union, it would be optimal to simultaneously use the terms «model» and «type» of criminal procedural policy as universal synonymous categories, that reflecting both European and Ukrainian legal traditions.
Despite the tendency to unification and converge criminal procedural legislation of EU Member States on the basis of EU standards, criminal procedural policies in such countries have significant differences.
Belonging to a particular model (type) of criminal procedure policy is determined on the basis of the content of the legal system of a particular EU Member State and is conditioned by various factors.
First of all, there are two basic models (types) of criminal procedural policies of EU Member States at the global level: Anglo-Saxon and Continental (Romano-German). The Continental (Romano-German) model (type) of criminal procedure policy has the following types: French (Romance), German and Swedish (Scandinavian).
The German type (model) had the greatest influence on the formulation of criminal (type), the following subspecies are distinguished: Central and Eastern European, Baltic, Balkan.
The models (types) of criminal procedure policies of EU Member States can be classified on the basis of such a criterion as the form of the state. Thus, the form of state government can distinguish the constitutional monarchical model (type) of criminal procedural policy and the republican model (type) of criminal procedural policy. In turn, the republican model (type) of criminal procedural policy is of two types, semi-presidential and parliamentary. It should be emphasized that the EU Member States are not characterized by the presidential kind of the model (type) of republican criminal procedural policy. According to the form of the state system there are a unitary and a federal model (type) of criminal procedure policy. According to the form of state regime, all EU Member States belong to the democratic model (type) of criminal procedure policy.
One of the criteria for the classification of models (types) of criminal procedural policies is the methodology of codification of criminal procedural law. According to this criterion, it is possible to distinguish classical continental, Swedish (Scandinavian) and Anglo-Saxon model (type) of criminal procedure policy.
Dissertations / Theses on the topic "Criminal procedure – European Union countries"
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Monaco, Jason T. "Oceans apart : the United States, the European Union, and the International Criminal Court." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03sep%5FMonaco.pdf.
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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, September 2003.Thesis advisor(s): Daniel Moran, David S. Yost. Includes bibliographical references (p. 93-102). Also available online.
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García-Perrote, Forn Ma Elena. "Proceso penal y juicios paralelos." Doctoral thesis, Universitat de Barcelona, 2016. http://hdl.handle.net/10803/386469.
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El principio de publicidad de las actuaciones judiciales se encuentra consagrado como un derecho fundamental en el artículo 24.2 de nuestra Constitución. Este derecho no es de carácter absoluto y se encuentra sometido a ciertas limitaciones previstas legalmente. La publicidad del proceso penal implica que tengan conocimiento de las actuaciones, no solo los propios interesados, sino también extraños al proceso. Esta actividad de difusión de la noticia, garantía de funcionamiento del Poder Judicial en una sociedad democrática, se efectúa principalmente por los medios de comunicación. El problema se produce cuando se informa sobre un hecho noticiable que se encuentra sub iudice y los Mass Media, a través de un “juicio paralelo”, pretenden, de forma continua y sesgada, examinar y valorar el proceso judicial, las pruebas y las personas implicadas en los hechos y asumen así el papel de juez e inducen a éste a un veredicto anticipado de culpabilidad o inocencia ante la opinión pública. Esta actividad colisiona con posiciones subjetivas de los individuos, que también tienen la consideración de derechos fundamentales como son los derechos a: (i) un proceso justo; (ii) un juez imparcial; (iii) la presunción de inocencia y (iv) recibir y comunicar información.
Con esta tesis doctoral se ha procedido a estudiar dicha problemática así como las respuestas que la legislación, la jurisprudencia y la doctrina dan, en nuestro Ordenamiento jurídico y en derecho comparado, para conciliar estos derechos fundamentales con los intereses mediáticos de le prensa, así como las garantías previstas legalmente en el ámbito penal, civil y contencioso- administrativo para la salvaguarda de los mismos. En la parte final del trabajo se apuntan posibles soluciones al problema de los “juicios paralelos” que puedan dar respuesta al interés general de la sociedad en su pretensión de obtener una justicia eficaz en la represión del delito a la vez que respetuosa con los derechos de todos los ciudadanos que se pueden ver involucrados en el proceso judicial.El principi de publicitat de les actuacions judicials es troba consagrat com un dret fonamental en l’article 24.2 de la nostra Constitució. Aquest dret no és de caràcter absolut i està sotmès a determinades limitacions previstes legalment. La publicitat del procés penal implica que tinguin coneixement de les actuacions, no només els propis interessats, si no també estranys al procés. Aquesta activitat de difusió de la notícia, garantia del funcionament del Poder Judicial en una societat democràtica, és realitzada, principalment, pels mitjans de comunicació. El problema es produeix quan s’informa d’un fet que és notícia i que es troba sub iudice, i els mass media, mitjançant un “judici paral·lel”, pretenen de forma continuada i esbiaixada examinar i valorar el procés judicial, les proves i les persones implicades en els fets, assumint el paper de jutge, induint a un veredicte anticipat de culpabilitat o innocència a aquest en front de l’opinió pública. Aquesta activitat topa amb posicions subjectives dels individus que també tenen la consideració de drets fonamentals com són els drets a: (i) un procés just; (ii) un jutge imparcial; (iii) la presumpció d’innocència i (iv) rebre i comunicar informació. Amb la present tesis doctoral s’ha procedit a estudiar la referida problemàtica així com les respostes que la legislació, la jurisprudència i la doctrina donen en el nostre Ordenament Jurídic i en dret comparat, per tal de conciliar aquests drets fonamentals amb els interessos mediàtics de la premsa, així com les garanties previstes legalment en l’àmbit penal, civil i contenciós – administratiu per a la salvaguarda dels mateixos. En la part final del treball s’apunten possibles solucions al problema dels “judicis paral·lels” que poden donar resposta a l’interès general de la societat en la seva pretensió d’obtenir una justícia eficaç en la repressió del delicte a la vegada que respectuosa amb els drets de tots els ciutadans que es puguin veure involucrats en el procés judicial.
The principle of publicity of judicial actions is set forth as fundamental right in article 24 of the Spanish Constitution. Nevertheless, this is not an absolute right: it has some legal limitations. The publicity of the criminal procedure implies that not only those directly affected by the procedure know the state of acts but third people. Information disclosure, which serves as a warranty of the functioning of the judicial system, is done in a democratic society by the media. The problem arises when mass media start a parallel trial while reporting on case which is still sub iudice, assessing and judging with a biased viewpoint the procedure, its participants and the evidences submitted, assuming the judge’s role and, therefore, trying to induce him/her to an anticipate judgement before the public opinion. Such activity collides with the position of the defendant, who has his/her own fundamental rights such as the right to (i) a fair trial; (ii) an impartial judge; (iii) the presumption of innocence and (iv) receive and communicate certain information. In the present thesis, the problem of parallel trials and the collision of rights have been studied taking into account the solutions provided by Law, case law and scholars both of Spanish Legal System and comparative Law in order to reconcile such fundamental rights with media’s interest and also the legal guarantees for defendants in civil, criminal and administrative procedures. In the final part of this thesis, there are some possible solutions to the problem of parallel trials which try to give an answer to society’s general interest to find an efficient justice system in punishing crimes which also respects the rights of all citizens which may be part of the process.
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COURELL, Ann Marie. "The friendly settlement procedure under the European convention on human rights." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7026.
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Defence date: 30 March 2007Examining Board: Prof. Philip Alston (European University Institute) ; Prof. Francesco Francioni (European University Institute) ; Prof. Olivier de Schutter (University of Louvain) ; Prof. Kevin Boyle (University of Essex Colchester)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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Weyembergh, Anne. "Le rapprochement des législations: condition de l'espace pénal européen et révélateur de ses tensions." Doctoral thesis, Universite Libre de Bruxelles, 2004. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211208.
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Булатін, Д. О., D. O. Bulatin, and ORCID: https://orcid org/0000-0002-0200-2822. "Адміністративно-правові засади здійснення превентивної діяльності поліцією: порівняння досвіду України та країн ЄС : дисертація." Thesis, Харків, 2020. https://youtu.be/9NaUFk_HSLA.
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Булатін, Д. О. Адміністративно-правові засади здійснення превентивної діяльності поліцією: порівняння досвіду України та країн ЄС : дис. ... д-ра філос.: 12.00.07, 081 / Дмитро Олексійович; МВС України, Харків. нац. ун-т внутр. справ. - Харків, 2020. - 247 с.У дисертації міститься теоретичне узагальнення актуальної наукової проблеми, пов’язаної із визначенням адміністративно-правових засад здійснення превентивної діяльності поліцією через порівняння досвіду України та країн ЄС, а також шляхів їх удосконалення. В результаті проведеного дослідження сформульовано низку положень та висновків котрі спрямовані на досягнення поставленої мети.
The dissertation contains a theoretical generalization of the current scientific problem related to the definition of administrative and legal principles of preventive activities by the police through a comparison of the experience of Ukraine and the EU, as well as ways to improve them. As a result of the research, a number of provisions and conclusions have been formulated which are aimed at achieving the set goal.
В диссертации содержится теоретическое обобщение актуальной научной проблемы, связанной с определением административно-правовых основ осуществления превентивной деятельности полицией через сравнение опыта Украины и стран ЕС, а также путей их совершенствования. В результате проведенного исследования сформулирован ряд положений и выводов которые направлены на достижение поставленной цели.
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HÜTTEMANN, Suzan Denise. "Principles and perspectives of European criminal procedure." Doctoral thesis, 2012. http://hdl.handle.net/1814/24001.
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Defence date: 15 June 2012First made available online on 29 July 2019
Examining Board: Professor Neil Walker, EUI / University of Edinburgh (Supervisor); Professor Marise Cremona, EUI; Professor Valsamis Mitsilegas, Queen Mary, University of London; Professor Kimmo Nuotio, University of Helsinki.
This thesis shall contribute to European Criminal Procedure, a rapidly evolving area of EU policy that has attracted much attention, but has also been subject to criticism. The research will first identify and analyse the main rationales of this area. Since the Tampere European Council of 1999, mutual recognition has become the most fundamental concept of judicial cooperation in criminal matters and has experienced a steep career, having been adopted by Art. 82 TFEU. When the principle of mutual recognition was introduced, it was based on an analogy to the free movement of goods. This analogy has often been regarded as flawed. Moreover, there has always been a notion of mutual recognition in judicial cooperation as well. The study will show how these two factors have influenced the development of the area, and how policy concepts, such as the principle of mutual trust, have had a greater influence on the development of the law than any legal doctrine. The lack of a coherent approach to the area of judicial cooperation and the unsystematic combination of different legal orders have caused unforeseen frictions for the individual. These will be illustrated by an analysis of the law of transnational evidence-gathering according to the European Evidence Warrant and the proposed European Investigation Order. It will be shown that most of the problems result from the lack of a uniform allocation of jurisdiction and from an overly confined understanding of fundamental rights in the context of judicial cooperation. By analysing the nature and purpose of jurisdictional rules in a national and a European context, the thesis aims at uncovering the theoretic foundations on which a uniform allocation of jurisdiction could be built. Finally, the thesis analyses the role of fundamental rights in judicial cooperation. It will uncover the ineptness of a nation-state oriented interpretation of fundamental rights to adequately address the problems of mutual recognition and argue for a European understanding of transnational judicial rights.
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COUTTS, Stephen. "Citizenship, crime and community in the European Union." Doctoral thesis, 2015. http://hdl.handle.net/1814/37798.
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Defence date: 6 November 2015Examining Board: Professor Loïc Azoulai, EUI (Supervisor); Professor Marise Cremona, EUI; Professor Valsamis Mitsilegas, Queen Mary University, London; Professor Niamh Níc Shuibhne, University of Edinburgh
The aim of this thesis is to analyse the extent to which criminal law can contribute towards our understanding of Union citizenship and of the political community of the Union. In carrying out this task it adopts a particular perspective on both criminal law and Union citizenship. Firstly, it adopts the criminal law theory developed by RA Duff, premised on the notions of citizenship and community; crimes are viewed as public wrongs, committed against the community. Individuals are held responsible as citizens and are called to account before the community. Secondly, it adopts a particular account of Union citizenship based on a distinction between transnational dimensions and supranational dimensions. The transnational dimension is then broken into two sub-dimensions based on the concepts of social integration and autonomy or a space of free movement. The role of criminal law in these dimensions of Union Citizenship is analysed in the main body of the thesis. Two chapters consider the role of criminal law in social integration in the context of the acquisition of residence rights and the serving of sentences. Two chapters consider the parallels between the autonomy of Union citizens that results in a single space of movement, and the area of justice as it is constructed through the European Arrest Warrant and the operation of a transnational ne bis in idem principle. A final substantive chapter details the competence of the Union to adopt legislation criminalising certain conduct and the extent to which this can be said to contribute to the formation of a community at a supranational level. A conclusion brings together the findings of the thesis in relation to Union citizenship and considers the implications for the structure of the political community in the Union. It is suggested the national remains the main site for communities in the Union. However, transnational processes associated with Union citizenship trigger the emergence of certain supranational norms and ultimately a composite, complementary supranational community.
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KARLSSON, Haukur Logi. "A quantitative quest for philosophical fairness in EU’s competition procedure." Doctoral thesis, 2017. http://hdl.handle.net/1814/48005.
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Defence date: 15 September 2017Examining Board: Professor Giorgio Monti, EUI (supervisor); Professor Dennis Patterson, EUI; Professor Davíð Þór Björgvinsson, University of Iceland; Professor Ioannis Lianos, UCL
The question of procedural fairness in EU’s competition procedure has been discussed widely in the academic literature based on the traditional positivistic legal method; so far without a success in producing a consensus on where the practical limitations of the concept of procedural fairness ought to lie. This thesis sets out to approach the problem more fundamentally by propping beyond the concept of procedural fairness in the legal positivistic sense, and venture into the territory of moral and political philosophy for establishing a practical understanding of the more general concept of fairness in human relations. Once the concept of fairness has been properly revealed in practical terms, the thesis attempts to quantitatively translate this concept of fairness into the laws to facilitate the composition of a fair legal rule. To achieve this, a novel methodological model is constructed based on microeconomic tools. This model, the model of fair rules, is then used to assess two dilemmas of procedural fairness in the context of EU’s competition procedure that have been solved by the CJEU based on the traditional juridical method. The results of the assessment suggest that methodological improvements can be made in the design of competition procedures with regards to facilitating procedural fairness. Such improvements would also have implications for the legal interpretive methodologies used by the EU courts.
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ÖBERG, Jacob. "Limits to EU powers : a case study on individual criminal sanctions for the enforcement of EU law." Doctoral thesis, 2014. http://hdl.handle.net/1814/32931.
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Defence date: 26 September 2014Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Loïc Azoulai, European University Institute; Professor Valsamis Mitsilegas, Queen Mary University of London; Professor Damian Chalmers, London School of Economics
The question posed by this thesis is how limits can be constructed to the exercise of EU powers. While there are limits to the exercise of EU competences in the Treaties and in the Court of Justice’s jurisprudence, it is argued that those limits suffer from conceptual and practical problems. In particular, the Court does not have appropriate criteria to examine whether the limits of the Treaties have been exceeded by the Union legislator. The thesis uses one of the new, and controversial, competences that the Union has obtained, the power to impose criminal sanctions, as a case study to propose a mechanism by which legislative powers can be kept in check. This is an illuminating and relevant case study. Firstly, it nicely illustrates the limits to the exercise of EU competences. Secondly, legislative practice and political statements suggest that this competence will be used regularly in the future. The thesis makes two proposals. First, by interpreting the scope of the EU’s powers under the Treaties to impose criminal sanctions the thesis shows the limits to the exercise of EU competences. It demonstrates the scope of EU’s competences by analyzing current and proposed criminal law measures. Secondly, noting that a construction of the limits to EU competences also needs to tackle the institutional challenges of judicial review, it develops an argument for a more intense and evidence-based judicial review. It constructs a procedural standard of legality which demands that the EU legislator shows that it has adequately reasoned its decisions and has taken into account relevant evidence. By testing the legality of discretely chosen criminal law measures on the basis of this standard, it is demonstrated how the Court can enforce the limits of the Treaties.
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LÖÖF, Robin. "Defending liberty and structural integrity : a social contractual analysis of criminal justice in the EU." Doctoral thesis, 2008. http://hdl.handle.net/1814/13164.
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Defence date: 12 September 2008Examining Board: Professor Marise Cremona, (EUI, Supervisor); Professor Bruno De Witte, (EUI); Professor John Spencer, (University of Cambridge); Professor Judge Françoise Tulkens, (European Court of Human Rights, External Supervisor)
First made available online: 28 July 2021
The principles of the modern criminal law in Europe date back hundreds of years. As we shall see, the first coherent treatises of criminal justice laying down many of the principles to which we still adhere appeared in continental Europe during the mideighteenth century. Enlightenment philosophers, concerned with the relationship between the state and the citizen, between the collective and the individual, found criminal justice a natural area of study. Even before then, however, embryos of principles we today hold as fundamental can be found in charters, bills and constitutions limiting the power of medieval Kings over their subjects. If we then take the concept of the criminal law, the idea that the collective can and should exact punishment for violations of certain pre-determined rules, it dates back to the dawn of civilisation.
Books on the topic "Criminal procedure – European Union countries"
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The European composite administration. Cambridge, [UK]: Intersentia, 2011.
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Nazzini, Renato. Concurrent proceedings in competition law: Procedure, evidence and remedies. Oxford: Oxford University Press, 2004.
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Billiet, Philippe. Class arbitration in the European Union. Edited by Association for International Arbitration. Antwerpen: Maklu, 2013.
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C, Rowe Gerard, and Türk Alexander, eds. Administrative law and policy of the European Union. Oxford: Oxford University Press, 2011.
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Fabrizio, De Francesco, ed. Regulatory quality in Europe: Concepts, measures and policy processes. Manchester, UK: Manchester University Press, 2011.
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de, Hoyos Sancho Montserrat, ed. El proceso penal en la Unión Europea: Garantías esenciales = Criminal proceedings in the European Union : essential safeguards. Valladolid: Editorial Lex Nova, 2008.
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European Union. Code of criminal law of the European Union: Texts up to January 1st, 2005. Bruxelles: Bruylant, 2005.
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Regulatory Quality in Europe: Concepts, Measures and Policy Processes (European Policy Studies). Manchester: Manchester University Press, 2007.
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Harlow, Carol. Process and procedure in EU administration. Oxford: Hart Publishing, 2014.
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European cooperation between financial supervisory authorities, tax authorities and judicial authorities. [Antwerp, Belgium]: Intersentia, 2008.
Find full textBook chapters on the topic "Criminal procedure – European Union countries"
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Ervo, Laura. "Plea Bargaining Changing Nordic Criminal Procedure: Sweden and Finland as Examples." In Ius Gentium: Comparative Perspectives on Law and Justice, 255–69. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_14.
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AbstractA plea bargaining system is a novelty and originally a legal transplant in Northern European countries. It exists—in some form—for instance in Finland, Norway and Denmark, whereas in Sweden only the system of crown witnesses is likely to be introduced. In this chapter plea bargaining is put into the East-Nordic—Finnish and Swedish—contexts. How does plea bargaining fit into the East-Nordic court culture? Which ingredients does the contemporary legal culture consist of? In which way is court culture changing due to the new values in the society? Or are the amendments made primarily to reduce the costs of the state? Fairness, procedural justice, conflict resolution, negotiated law, pragmatically acceptable compromise, procedural truth, court service, communication and interaction are examples of the topics that are currently discussed in Finland and Sweden. At the same time, the use of written proceedings and proceedings in the absence of an accused are increasing. Is the plea bargaining system a step towards a more effective and economic criminal procedural system or is it mirroring new type of thinking concerning criminal proceedings? In this chapter, these elements are discussed. Finland is used as a main example. The Finnish situation is also compared with Sweden.
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Szulecki, Kacper, Marta Bivand Erdal, and Ben Stanley. "Emigration and Transnational Political Practices in Central and Eastern Europe After EU Enlargement 2004–2007." In External Voting, 21–36. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19246-3_2.
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AbstractAs the European Union expanded eastward in 2004 and 2007 to cover the formerly communist states of Central and Eastern Europe (CEE), this triggered a wave of migration which saw millions of people moving to Western and Northern European countries. What impact did that migration have on the politics of CEE countries, and what might be the relationship between outward migration and the apparent democracy backsliding occurring in some parts of the region? This is the main puzzle of this book, which looks at the way external voting results can be used to assess migrant political preferences and their change over time, as well as their potential influence on domestic politics in sending countries. This chapter sketches the political context of CEE and introduces the data gathering procedure and methodology of the project on which the book draws.
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Elek, Balázs. "Criminal Judicial Cooperation from a Central and Eastern European Perspective." In The Policies of the European Union from a Central European Perspective, 259–79. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_13.
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Today, the European Union and EU law influence essentially all areas of the law in Member States. Criminal and criminal procedural law are no exception. The European Union can require Member States to criminalize certain defined behaviors, determine the opinion on criminal sanctions that will punish perpetrators, and oblige the states to apply measures in certain areas of criminal law and laws on criminal procedure. As such, the harmonization of substantive and procedural norms in the Member States’ criminal law falls in the EU’s scope of authority. After the accession of the countries of Central and Eastern Europe to the European Union, the harmonization of criminal and criminal procedural law throughout the European Union has been taken to a new level. There were also previously trust-based agreements on criminal co-operation between East and Central European countries, so mutual trust in EU cooperation was not entirely new in these countries. The harmonization has also been facilitated by the fact that there have historically been many similarities between Member States’ legal systems. One of the best examples of this is the habeas corpus principle. The harmonization of criminal procedure rules has already been developed with the countries of East and Central Europe. However, the case law of the European Court of Justice regularly shows that in former Western European countries there is a greater distrust of the legislation of the East-Central European countries and that the new East–Central Member States often approach a legal issue quite differently.
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Lenaerts, Koen, Piet Van Nuffel, and Tim Corthaut. "The Procedure for Concluding International Agreements." In EU Constitutional Law, 604–15. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0021.
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This chapter examines the procedure for the conclusion of international agreements. Article 218 TFEU sets out the internal procedure for negotiating and concluding 'agreements between the European Union and third countries or international organizations'. That Treaty provision does not itself confer any power on the Union to act internationally, but applies whenever the Union wishes to conclude an agreement. The Union is empowered to do so where the Treaties expressly so provide, where it is necessary in order to achieve one of the objectives of the Union, where it is provided for in a legally binding Union act, or where it is likely to affect common rules or alter their scope (Article 216 TFEU). This procedure of Article 218 TFEU applies in all fields of Union activity, including the Common Foreign and Security Policy (CFSP) and police and judicial cooperation in criminal matters. The same procedural requirements apply to amendments of agreements and to additional or implementing protocols concluded together with or on the basis of the agreement itself. In principle, the denunciation of an agreement also comes under Article 218 TFEU.
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Andenas, Mads. "EU Countries and the UK." In Judicial Review of Administration in Europe, 295–306. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0018.
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This chapter compares European Union countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries that share many structures and general features do not develop at the same speed or in the same direction. In the UK, there is no specialized administrative court jurisdiction. There is one general court system that deals with civil, criminal, and administrative cases; but there are many administrative tribunals and appeals tribunals. Nearly all the EU countries have a specialised administrative court system, and the majority has a constitutional court. The chapter considers the perceived divide between civil law countries and the common law in the UK, in the light of the relationship between national law and EU and European Convention on Human Rights (ECHR) law. It also looks at the four main features of the legal systems selected for comparison: the constitutional relevance of judicial review; the limitations of judicial review; procedural errors or omissions; and annulment and damages.
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Miheș, Cristian Dumitru. "Romania: National Regulations in the Shadow of a Common Past." In Criminal Legal Studies : European Challenges and Central European Responses in the Criminal Science of the 21st Century, 125–55. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.evcs.cls_5.
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The rule of law is very difficult to enforce during periods of dictatorship or war. We can have a justice system that functions, as we had before 1989, but that system was confined to upholding the regime in power. Romania experienced a dictatorship for a very long period of time. In the first phase, there was a royal dictatorship from 1938, then a military one, followed by the communist regime until the end of 1989. Since 1945, Romania has been a part of the world where the communist system imposed by the Soviet Union left its mark on criminal justice. The authors of the 1968 Penal Code considered that code to have been adopted “with the purpose of solving uniformly the vast problematic of pre- venting and punishing the crimes.” In a practical regard, the entire legislation was a tool to ensure the success of the regime of communist oppression. In these circumstances, the events that took place in 1989 liberated the spirit of freedom; meanwhile, the consequences of those events took the citizens of the Central and East European countries by surprise, and they were unprepared for the struggle toward democracy and the rule of law. This was the case in Romania when, finally, in 2014, the process of enforcing all fundamental codes was established. In fact, the reform was deeper than the adoption of a new Penal Code, the Code of Criminal Procedure, and the Law on the Execution of Sentences, Educational Measures, and Judicial Measures during Criminal Proceedings. This study presents the main principles, legal institutions, and operational characteristics of the new laws.
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Spencer, John R., and András Csúri. "24. EU criminal law." In European Union Law, 792–825. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198855750.003.0024.
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This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.
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Spencer, John R. "25. EU criminal law." In European Union Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198789130.003.0025.
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This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.
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Págio, Leonardo Saraiva. "UMA NOVA ORDEM JURÍDICA FISCAL INTERNACIONAL ATRAVÉS DA COOPERAÇÃO ELETRÔNICA DE INFORMAÇÕES FINANCEIRAS-FISCAIS." In Fronteiras de acesso à Justiça: Processo e Meios Alternativos na Democracia no Século XXI, 35–53. JUS.XXI, 2022. http://dx.doi.org/10.51389/qdkv9608.
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In a Portuguese-Brazilian dialogue, confronting the realities of the American and European continents, it is clear that the European Union, through the OECD with the support of the United States through FATCA, contributes to international cooperation with respect to providing legal conditions and procedures favorable to an information technology integrated in the scope of their respective financial-fiscal systems to attend to the control and inspection of facts that generate taxable wealth and, in this way, realize distributive justice at the international level, strengthening all countries. It is notorious the existence of a significant portion of the population using the culture of avoiding taxation as an advantageous means to indulge themselves and have greater gains against competitors in an unfair way. This posture on the part of natural and legal persons in American and European countries directly harms the collection, the provision of public services and the democratic process for the effective reduction of social inequalities. Confronting this nefarious and improper conduct of omissive tax exemption, which directly affects the implementation of international fiscal and human rights standards, is in line with a promising legal regime for exchanges at a technological level of financial-tax information in the fight against fraud and tax evasion. In addition to eliminating terrorist financing, preventing aggressive tax planning, money laundering and eliminating criminal organizations that engage in money laundering and other crimes against public order. The theme of exchanging tax information has been widely debated and new paradigms have been adopted, namely due to the international context we have lived in the last decades characterized by the phenomenon of globalization of national economies, technological advances, the role of the Social State and several unexpected events and impacting of a natural or induced nature, it has favored a new posture of adaptation, improvement and integration of countries and their administrative operation systems and, above all, fiscal. The activities in this legal exchange regime, according to the author, are the responsibility of an international organization with specialized technical coordination (European Commission/WTO) with power to make decisions regarding the promotion or economic administrative restrictions in favor of the public interest, in the rigorous and sophisticated regulation of the entire flow of information generated in each tax system in the European Union, Mercosur and all countries in the world, so that taxpayers are under monitoring and security regarding their valued income and acquisitions, given the globalized economy, as this deepens scientific research in his master's thesis in legal and business sciences in Portugal. The European Union, like Mercosur and other intergovernmental organizations for economic integration, are advancing with the objective of transparency and improvement of processes that will benefit the State's revenue and establish fiscal rules that favor the exchange of financial information between countries for an advanced control and inspection of the tax system, in the face of that omissive sovereign State, which perhaps does not respect or is unable to preserve the rights constitutionally guaranteed to all its citizens. The cooperation system in the exchange of financial-fiscal information at a universal level, between the tax administrations integrated to the competition bodies, will enable the execution of investigation, analysis, control and financial-fiscal-market assessment of all taxpayers and companies in a certain territory, so that it does not happen that a given company decides to transfer to another country to carry out its operations, based on privileged and selective conditions granted to it, without taking into account the damage to competitors, to the taxpayers and the State.
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"Mutual recognition and the approximation of criminal procedure." In Criminal Law and Policy in the European Union, 226–48. Routledge, 2012. http://dx.doi.org/10.4324/9780203077337-16.
Full textConference papers on the topic "Criminal procedure – European Union countries"
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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Mihai, Ioan cosmin. "STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS." In eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.
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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.
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Schaaf, Manfred, and Friedrich Schoeckle. "Technical Approach for the Reduction of Fugitive Emissions." In ASME 2009 Pressure Vessels and Piping Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/pvp2009-78125.
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The demands on industry to reduce fugitive emissions are increasing, steadily. For the European Union the Integrated Pollution Prevention and Control (IPPC) directive determines emission levels. Individual countries can adopt even tighter legislation like the TA-Luft (“Technical Instructions on Air Quality Control”) in Germany. E. g. the TA-Luft gives specific emission levels for valves according to the German VDI guideline 2440 - Emission reduction in oil refineries. In industrial applications in which the demands of the TA-Luft have to be met only certified sealing materials can be used in future. There are several requirements the sealants must fulfill, the most important in this respect is the tightness proof in a first-time test according to VDI 2440. In this objective, new packing materials were developed to be in compliance with the TA-Luft needs. The knowledge of the material characteristic is the basis for the improvement of the tightness capability and therefore for the reduction of fugitive emissions. But in almost the same manner the mounting procedure of the packing rings is important. It is necessary to perform the mounting procedure in two steps: a pre-deformation step (high stress level for seating) and a prestressing step (stress level must meet tightness requirements). Mounting by use of torque wrenches is time consuming, if this 2-step procedure is followed. Thus, mounting by use of hydraulic tensioner becomes effective. In the paper the most relevant packing material characteristics and the necessary tests to determine these characteristics are summarized. Then the mounting tools for hydraulic tensioning are introduced. Finally, some results of packing tests according to VDI 2440 are presented.
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Felcan, Miroslav. "Historical Cross-Section of Arson." In Safe and Secure Society. The College of European and Regional Studies, 2020. http://dx.doi.org/10.36682/ssc_2020/1.
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This work was supported by the Agency for Research and Development under the contract no. APVV-17-0217.Every year fires cause big damage to society, property, environment, buildings and infrastructure and pose a threat to life and health of persons in endangered areas. In most cases arson serves as insurance fraud or cover up any crime (e.g. robbery, embezzlement). However, there may be other reasons, e.g. in the case of the Commission of the European Union, the use of the product in envy, hatred, threats, blackmail, competitive struggle. Or social, political, or ethnic differences. In several cases, arson was used as a so-called 'arson attack'. The false flag, that is, the arsonist used the fire to accuse his enemy and took advantage of the wave of recourse that subsequently was raised against him. The circumstances of the cause and the fire are under investigation. After extinguishing a fire, it is standard procedure to seek and then either confirm, refute or further examine the possibility of intentional formation. In most countries of the world, arson is treated as a crime and seen as harming a stranger or a threat to life.
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Ivković, Nikola. "POLITIČKI KOMPLEKS VIDOVDANSKOG USTAVA." In 100 GODINA OD VIDOVDANSKOG USTAVA. Faculty of law, University of Kragujevac, 2021. http://dx.doi.org/10.46793/zbvu21.367i.
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The paper analyzes the political context of the constitution of a common state of Serbs, Croats and Slovenes. The search for and recording of the reasons for the adoption of certain legal solutions begins with the consideration of political circumstances at the domestic and international political level. Further, through the analysis of political circumstances and sociological environment, the character of the legal acts that preceded the constitutive, Corfu and Geneva declarations and finally the December unification acts is observed. After the objectification of the act of unification, the central topic of research is the procedure of enactment and political elements of the Vidovdan Constitution. The research is also part of an attempt to establish the facts and demystify the issues that have burdened the former Yugoslav states for decades. Was the common state a mistake or the result of rational decisions in the dynamics of Europe at that time. Formally - legally and politically, all countries of the former community are either in the European Union or on the path to membership, with a strong state desire to be part of the same community, and on that basis, the historical-political context is observed.
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Miolo De Oliveira, Caio, Rita Assoreira Almendra, Ana Rita Lourenço, and Tiago Leitão. "Community Engagement Methodology for the Academic Design Curriculum." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1001372.
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Design profession has become quite resignified over time, being increasingly associated with an approach to involve people working collaboratively to co-create new opportunities for the welfare, solve complex problems or even favor innovation processes, whether they are applied in business environments or in the social sphere. By acting in this scope, Design is articulating social innovation processes, as it is developing strategies, whether through products or services, so that the actors related to the existing context can be active agents of transformation. In synergy with this approach, there is another participatory aspect, originating from other areas of knowledge: Community Engagement Methodology. This encompasses a process for providing information, empowering the community to identify solutions to their needs, as well as influencing priorities and strategic decisions. In this context, despite having enough theoretical and practical research implemented to favor community engagement, it appears that the academic curricula of Design courses do not work so specifically with community engagement/ implementation of social innovation processes. Thus, this paper reveals a methodology developed during PhD research in Design that aimed to favor the social reintegration of offenders and ex-offenders. This methodology, made up of different methods, was created in codesign with a Portuguese social cooperative, which was one of the promoters of a project co-founded by the European Union, between 2017 and 2020. The methodology was applied to professionals of the Criminal Justice System who work within the scope of reintegration in four countries (Portugal, Italy, Romania, and Germany), who evaluated it very positively. Therefore, the purpose of this article is to reveal the community involvement methodology created and propose ways that it can be implemented in Design curricula, to encourage and favor the development of solutions and improvements in different social contexts.