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.
Table of Contents
- Introduction
- Reflections and thoughts for the principle of offensiveness, guilt, proportionality in the European criminal law according to the jurisprudence of the CJEU
- Fake news, pandemic and criminal protection in COVID-19 period
- Sexual offenses in the American context. The California case
- Civil forfeiture towards a new model of "civil confiscation" of illicit wealth
- Cyberbullying and sexting. New open frontiers of criminal law: The case of Canada and Australia
- Critics and thoughts in Gambia v. Myanmar case by the ICJ. Genocide in Rohingya?
Objectives and Key Themes
This work aims to provide insights into significant issues within European and American criminal law, highlighting the role of the Court of Justice of the European Union (CJEU) in its evolution. It explores the interplay between fundamental rights, evolving criminal offenses, and the challenges posed by new technologies and global events.
- The influence of the CJEU on the development of European Union criminal law.
- The balance between fundamental rights (such as freedom of expression and data protection) and criminal law enforcement.
- The challenges of addressing new forms of crime, such as cyberbullying and sexting.
- Analysis of specific case studies in different jurisdictions (e.g., California, Canada, Australia, Gambia v. Myanmar).
- Examination of evolving legal concepts, such as civil forfeiture.
Chapter Summaries
Introduction: This introductory chapter sets the stage by discussing the ongoing evolution of European Union law, particularly in the context of the Treaty of Lisbon and its implications for criminal law. It highlights the importance of the CJEU's role in shaping this evolution and introduces the key themes explored throughout the work, focusing on the balance between security concerns and the protection of fundamental rights in an increasingly interconnected world.
Reflections and thoughts for the principle of offensiveness, guilt, proportionality in the European criminal law according to the jurisprudence of the CJEU: This chapter delves into the core principles of European criminal law – offensiveness, guilt, and proportionality – analyzing their application and interpretation by the CJEU. It examines the jurisprudence of the CJEU to illustrate how these principles are applied in practice and their impact on the development of a cohesive European criminal justice system. The chapter likely discusses specific cases and their implications for the interpretation of these fundamental principles.
Fake news, pandemic and criminal protection in COVID-19 period: This chapter analyzes the legal challenges presented by the COVID-19 pandemic, focusing on the spread of fake news and the need for adequate criminal protection measures. The analysis likely involves a discussion of the balance between protecting public health and upholding fundamental rights during a public health crisis. The chapter probably examines existing legislation and jurisprudence relating to misinformation and criminal responses to it in the context of the pandemic.
Sexual offenses in the American context. The California case: This chapter examines sexual offenses within the American legal system, focusing on a specific case from California to illustrate key aspects of the law and its application. This detailed examination likely includes discussions of specific legal provisions, evidentiary challenges, and broader societal implications related to the prosecution of sexual crimes. The chapter might explore trends in legislation, judicial interpretations, and societal attitudes toward sexual offenses.
Civil forfeiture towards a new model of "civil confiscation" of illicit wealth: This chapter focuses on the practice of civil forfeiture, analyzing its effectiveness and exploring potential reforms towards a new model of "civil confiscation." The analysis will likely examine the legal frameworks governing civil forfeiture, discuss its impact on individuals and communities, and propose alternative approaches that balance the need to seize illicit assets with the protection of individual rights. The chapter will likely compare and contrast different jurisdictions' approaches to civil forfeiture.
Cyberbullying and sexting. New open frontiers of criminal law: The case of Canada and Australia: This chapter explores the challenges of addressing new forms of crime in the digital age, particularly cyberbullying and sexting, using case studies from Canada and Australia. It examines how existing criminal law frameworks adapt to these novel offenses, explores the gaps and limitations of current legislation, and proposes potential solutions for better legal protection in the digital sphere. The analysis will likely include comparisons of different legal systems' approaches to these crimes.
Keywords
European Union law, criminal law, CJEU jurisprudence, fundamental rights, data protection, freedom of expression, cybercrime, cyberbullying, sexting, civil forfeiture, sexual offenses, fake news, COVID-19 pandemic, comparative law, Gambia v. Myanmar, genocide.
Frequently Asked Questions: A Comprehensive Language Preview of European and American Criminal Law
What topics are covered in this document?
This document provides a comprehensive preview of a work exploring significant issues in European and American criminal law. It covers the influence of the Court of Justice of the European Union (CJEU) on the development of European Union criminal law, the balance between fundamental rights and criminal law enforcement, challenges posed by new forms of crime (cyberbullying, sexting), specific case studies from various jurisdictions (California, Canada, Australia, Gambia v. Myanmar), and an examination of evolving legal concepts like civil forfeiture. The document includes a table of contents, chapter summaries, objectives, key themes, and keywords.
What is the focus of the work previewed here?
The primary focus is on the interplay between fundamental rights, evolving criminal offenses, and the challenges presented by new technologies and global events within the contexts of European and American criminal law. It highlights the crucial role of the CJEU in shaping the development of European Union criminal law and emphasizes the delicate balance between security concerns and the protection of fundamental rights in an increasingly interconnected world.
Which legal systems are examined?
The document examines both European and American legal systems. Specific case studies are drawn from California (sexual offenses), Canada and Australia (cyberbullying and sexting), and the International Court of Justice (ICJ) case of Gambia v. Myanmar. The jurisprudence of the CJEU is central to the analysis of European Union criminal law.
What are the key themes explored?
Key themes include the influence of the CJEU on European Union criminal law; the balance between fundamental rights (freedom of expression, data protection) and criminal law enforcement; the challenges of addressing new forms of crime like cyberbullying and sexting; analysis of specific case studies in various jurisdictions; and examination of evolving legal concepts such as civil forfeiture.
What are the core principles of European criminal law discussed?
The core principles of European criminal law discussed are offensiveness, guilt, and proportionality. The document analyzes how the CJEU interprets and applies these principles in practice.
How does the document address the impact of new technologies?
The document specifically addresses the challenges posed by new technologies through its examination of cyberbullying and sexting, exploring how existing legal frameworks adapt to these novel offenses and identifying gaps and limitations in current legislation.
What is the significance of the Gambia v. Myanmar case?
The Gambia v. Myanmar case, before the ICJ, is used as a case study to explore the issue of genocide against the Rohingya people. The document likely offers critical analysis and reflections on this significant international legal case.
What is the role of the CJEU in this analysis?
The CJEU's role is central to the analysis of European Union criminal law. The document examines how the CJEU's jurisprudence shapes the interpretation and application of core principles within European criminal law and influences its development.
What is the significance of the COVID-19 pandemic in this context?
The COVID-19 pandemic is examined in relation to the spread of fake news and the need for adequate criminal protection measures. The analysis focuses on the balance between protecting public health and upholding fundamental rights during a public health crisis.
What are some keywords associated with this work?
Keywords include European Union law, criminal law, CJEU jurisprudence, fundamental rights, data protection, freedom of expression, cybercrime, cyberbullying, sexting, civil forfeiture, sexual offenses, fake news, COVID-19 pandemic, comparative law, Gambia v. Myanmar, and genocide.
- Citar trabajo
- Full Professor Dimitris Liakopoulos (Autor), 2021, Tendencies And Evolution Of American And European Criminal Law, Múnich, GRIN Verlag, https://www.grin.com/document/1148367
