Informace o publikaci
European Criminal Law as a “Last Obstacle” in the Globalization of Law Within the European Union
| Název česky | Evropské trestní právo jako "poslední překážka" globalizace práva v rámci Evropské unie |
|---|---|
| Autoři | |
| Rok publikování | 2015 |
| Druh | Článek ve sborníku |
| Konference | Católica Graduate Legal Research Conference 2014: Conference Proceedings |
| Citace | |
| Klíčová slova | Europeanization; European criminal law; financial interests of the EU; globalization; sovereignty |
| Popis | 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. |