Is the development of a common substantive criminal law for Europe possible? Some preliminary reflections

The road to a common European Criminal Law, notwithstanding the politic, towards the further 'Europeanisation' of our laws against the background of multi by transnational crime, is littered with obstacles and difficulties. An analysis of questions of the General and Special Part of the criminal laws of some Europeans. Justice systems confirms that some comparative groundwork is necessary before. Harmonization of European criminal laws is feasible. Legal concepts and method offenses show considerable differences. As to the General Part, differences rang construction of crime to the role of justification and excuse in negating, mitigating, responsibility and the various understandings of the parties to a crime. As to the SJ a rather superficial comparison of the offenses of murder/manslaughter and the different approaches across the different systems. As for the new EU-offenses contact European Arrest Warrant and the Constitution, it is improbable that they exist member States in the form presented by the EU instruments. From all this European Criminal Law cannot be introduced overnight ignoring these technical (socio-cultural) differences.

Journal/Publisher: Maastricht Journal of European and Comparative Law, Volume 12, Issue 2

Publication type: Article

Number of pages/Page range: 173-190

Language/s (content): English

Date of publication: 01-06-05

Personal data

Full name Kai AMBOS

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University/Institution Göttingen University

Address Platz der Göttinger Sieben 6

Postal code 37073

Telephone +49 551.39.7316 (7430)

Fax +49 551.39.2155

Email kambos@gwdg.de