D 2015

European Criminal Law as a “Last Obstacle” in the Globalization of Law Within the European Union

ZARIVNIJ, Petr

Basic information

Original name

European Criminal Law as a “Last Obstacle” in the Globalization of Law Within the European Union

Name in Czech

Evropské trestní právo jako "poslední překážka" globalizace práva v rámci Evropské unie

Authors

ZARIVNIJ, Petr

Edition

1st ed. Lisbon, Católica Graduate Legal Research Conference 2014: Conference Proceedings, p. 220-235, 16 pp. 2015

Other information

Type of outcome

Stať ve sborníku

Confidentiality degree

není předmětem státního či obchodního tajemství

Publication form

electronic version available online

Keywords in English

Europeanization; European criminal law; financial interests of the EU; globalization; sovereignty

Tags

International impact, Reviewed
Změněno: 8/4/2015 18:41, Mgr. Petr Zarivnij, Ph.D.

Abstract

V originále

The article is focused on the issue of “European criminal law” as an area that is not too favourable to the process of globalization of law within the European Union. The number of European legal acts, which directly or indirectly influence different legal areas in Member States, is constantly increasing. Very strong influence of European law is evident for example within the areas of administrative, financial or environmental law. However, there are also legal areas where the powers remain in the hands of the Member States as much as possible. Criminal law occupies a specific position, which makes it clear that the influence of national standards by external elements has its limits. Moreover, the right to punish criminal offences is derived from the sovereignty over a territory and it belongs to the sovereign – which has traditionally been the sovereign state and not an entity with delegated powers. However, national criminal law cannot completely avoid exposure of European law. The aim of the article is to demonstrate that although there is a strong process of globalization of law within the European Union, there are still legal areas that resist this “trend”. Nevertheless, Member States cannot be completely immune to the exposure of European criminal law. Therefore specific areas with interaction of national and European criminal law are discussed as well, particularly in the area of frauds with financial funds of the EU.
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