This work seeks to give insights into some very important issues that aim to give light to open legal discussions and above all the role of the Court of Justice of the European Union (CJEU) in the evolution of Union criminal law. In particular, the influence of CJEU as an inter partes court continues with another research, which is inspired and aims to analyze the limitations, derogations, and proposals affixed to the right of personal's data protection in the light of recent legislative and jurisprudential developments, made especially in the legislative context of EU and European Council. The work continues and focuses on the jurisprudential analysis of some fundamental principles that reign in every national penal system in relation to EU system.
It continues with an examination of a limited profile that is seen to be faced with a fundamental principle, the right to freely express one's thoughts, defined as the cornerstone of the democratic order, with new forms of aggression and new forms of protection, both capable, in the absence of a careful balance, to compress the fundamental freedoms of the citizen. It continues with the choice to anticipate the presentation of three cases actually subject to scrutiny by the judicial courts from the technical-legal viewpoint is dictated by the fact that from their reading it emerges which are the most significant problems with regard to ascertaining responsibility for sexual crimes.
Another paper is concentrated on the analysis of the civil forfeiture; is a judicial non-conviction-based confiscation, independent of the criminal proceedings and a conviction that is applied by a judge to the outcome of a judicial procedure of essentially civil nature. The autors continue their research with another paper who tries to investigate and analyze new crimes such as sexting, cyberbullying and bulling in a comparative way. Cyberbulism is in fact a term which includes a vast range of different behaviors, which many times do not cover criminal figures punishable by any criminal code at national or international level. The last work seeks to examine a last case that has dealt with the ICJ recently, particularly the situation between Gambia v. Myanmar.
Contents
1. Introduction
2. Reflections and thoughts for the principle of offensiveness, guilt, proportionality in the European criminal law according to the jurisprudence of the CJEU
3. Fake news, pandemic and criminal protection in COVID-19 period
4. Sexual offenses in the American context. The California case
5. Civil forfeiture towards a new model of "civil confiscation" of illicit wealth
6. Cyberbullying and sexting. New open frontiers of criminal law: The case of Canada and Australia
7. Critics and thoughts in Gambia v. Myanmar case by the ICJ. Genocide in Rohingya?
Objectives & Topics
This work aims to provide insights into critical legal discussions surrounding the evolution of Union criminal law, specifically examining the role of the Court of Justice of the European Union (CJEU) in shaping fundamental legal principles and protecting citizens' rights in an increasingly complex and digitalized world.
- The influence of the CJEU on fundamental penal principles within the EU legal framework.
- Challenges to traditional criminal law posed by the digital age, including fake news, cyberbullying, and sexting.
- Comparative analysis of sexual offense legislation, with a focus on the shift toward victim-centric models and affirmative consent.
- Jurisprudential analysis of civil forfeiture and confiscation models regarding illicit wealth.
- International legal responses to genocide and humanitarian crises, as exemplified by the Gambia v. Myanmar case.
Excerpt from the Book
The principle of offensiveness
With reference to the jurisprudential experience of the European Union, it seems to be possible to say that a progressive emergence of the principle of offensiveness has also come about, with the aim of ensuring effective protection, not only of a façade, of legal assets referring to EU law to all, financial interests at the level of transnational crimes. The consequences deriving from an exclusively statistic approach to similar realities must be evaluated. Differentiated sanctioning choices favor the creation of safe havens for organized crime, involve the diversification of the levels of protection according to the State considered, alter the market conditions, compromise the knowledge of the law actually applicable. Not surprisingly, there are those who say that, alongside the traditional four fundamental freedoms recognized in the European system, a fifth, unexpected and unwanted affirmation has been affirmed: That of circulation of criminality.
Summary of Chapters
1. Introduction: This chapter contextualizes the evolution of EU integration and criminal law since the Lisbon Treaty, highlighting the need for a principled approach to Union criminal jurisdiction.
2. Reflections and thoughts for the principle of offensiveness, guilt, proportionality in the European criminal law according to the jurisprudence of the CJEU: An analysis of how the CJEU interprets fundamental penal principles like guilt, offensiveness, and proportionality to ensure a coherent legal system.
3. Fake news, pandemic and criminal protection in COVID-19 period: Explores the challenges posed by massive disinformation campaigns and examines different national regulatory responses to fake news in the digital era.
4. Sexual offenses in the American context. The California case: Investigates the shift in US sexual offense law from conduct-based to victim-centric models, focusing on affirmative consent standards.
5. Civil forfeiture towards a new model of "civil confiscation" of illicit wealth: Analyzes the U.S. framework for civil forfeiture as a non-conviction-based confiscation tool and its impact on property rights.
6. Cyberbullying and sexting. New open frontiers of criminal law: The case of Canada and Australia: Provides a comparative look at how Canada and Australia have adapted their criminal codes to address the evolving nature of cyberbullying and sexting.
7. Critics and thoughts in Gambia v. Myanmar case by the ICJ. Genocide in Rohingya?: Examines the ICJ's procedural and substantive approach to genocide allegations in the Rohingya case.
Keywords
European Union criminal law, CJEU, principle of offensiveness, guilt, proportionality, fake news, cybersecurity, sexual offenses, affirmative consent, civil forfeiture, confiscation, cyberbullying, sexting, genocide, international criminal law.
Frequently Asked Questions
What is the core focus of this work?
This work examines the evolution of criminal law in both American and European contexts, focusing on the role of the CJEU and international courts in addressing emerging digital and human rights challenges.
What are the central thematic fields?
The book covers fundamental penal principles, digital disinformation, sexual violence, civil forfeiture of illicit assets, and international responses to genocide.
What is the primary objective of this research?
The primary goal is to analyze how judicial interpretation of fundamental rights and principles helps adapt established legal frameworks to new socio-political realities and criminal phenomena.
Which scientific methods are employed?
The work utilizes a comparative law methodology, in-depth jurisprudential analysis, and a review of international legal doctrine.
What topics are explored in the main body?
The main body addresses the CJEU's role, criminal protection against fake news, the shift towards affirmative consent in sexual assault cases, civil forfeiture models in the US, and recent ICJ rulings regarding genocide.
Which keywords are essential to this work?
Keywords include CJEU, criminal principles, digital crime, affirmative consent, civil forfeiture, cyberbullying, and international criminal justice.
How does the work analyze the concept of "civil forfeiture"?
It classifies civil forfeiture as a judicial, non-conviction-based measure, independent of criminal proceedings, and discusses its legitimacy and proportionality within the US system.
What distinguishes the "affirmative consent" approach in sexual offense law?
It moves the focus of criminal responsibility from the victim's resistance to the perpetrator's duty to ensure explicit, ongoing consent throughout the sexual encounter.
How does the work address the ICJ's role in the Gambia v. Myanmar case?
It analyzes the ICJ's procedural stance on interim measures and its substantive approach to qualifying acts as genocide under the 1948 Convention.
- Arbeit zitieren
- Full Professor Dimitris Liakopoulos (Autor:in), 2021, Tendencies And Evolution Of American And European Criminal Law, München, GRIN Verlag, https://www.grin.com/document/1148367
