Europe is caught between the extreme diversity of national systems and the increasing complexity of supranational institutions. Some fear the worst. They claim that diversity is linked to insecurity because, from one country to another, the sanction for the same crime varies considerably.
Several years' experience has shown in cases of transborder crimes that the development of mutual assistance pacts improves the efficiency of the national systems. Beyond that, it seems inevitable that, at least in the area of frauds against Community financial interests, we will arrive at a system of Community penal and administrative sanctions to meet the demand of the European Parliament, on the condition that the sanctions respect the democratic principles of legality and an independent judiciary.
Starting from the plurality of European legal sources (Community law, the Conventions of the Council of Europe, the Schengen Accords, the Conference on Security and Co-operation) and their underlying logic (national interests, European interests, security/protection of fundamental rights), this volume examines their impact on the subjects of the Maastricht Treaty.
After describing practices of control and sanction, as well as procedures and guarantees, it tackles the ultimate question of common guiding principles. The bet being that, beyond the bottom line of current penal policy, it could be the design for - in the singular, no longer the plural -
a criminal policy for the Europe of tomorrow.
List of Authors. List of Abbreviations. Foreword. Preface.
1. Better or Worse?
2. Objectives and Principles of, and Constraints on, a Criminal Policy for the European Community in the Area of the Legal Protection of its Financial Interests;
3. Protection of the Financial Interests of the Community and Respect for Fundamental Rights;
L. de Moor.
4. From Infinitely Small to Infinitely Large; A. Chemin.Introduction: From the European Convention on Human Rights to the Treaty on European Union.
5. Diversity of Sources;
6. Diversity in Reasoning;
7. The European Community and Criminal Law: An Obstacle Course;
Part I: Enforcement and Sanctions.
One: Entry, Residence and Employment of Foreigners in the Community.
8. Entry, Residence and Employment of Foreigners in the Community;
9. Entry, Residence and Employment of Foreigners in Germany;
10. Entry, Residence and Employment of Foreigners in Poland;
11. Summary of the Round Table;
Two: Transborder Offenses (Terrorism, Narcotics Trafficking, White-Collar Offenses).
12. Transborder Offenses: Terrorism, Narcotics Trafficking, White-Collar Offenses;
13. Transborder Offenses: Stock Market Offenses;
14. The Transborder Offenses: Laundering Money Derived from Drug Trafficking;
15. Summary of the Round Table;
Three: Fraud on the Financial Interests of the Community.
16. Fraud on the Financial Interests of the Community;
17. Fraud on the Financial Interests of the Community: Obligations of the Member States and Action by the Community;
18. The French Judge Confronted with a Fraud on the Financial Interests of the Community;
19. Summary of the Round Table;
Part II: Procedures and Guarantees.
One: The Cooperation Between States.
20. Judicial Assistance in Criminal Cases within the European Union;
21. Police Cooperation, Judicial Cooperation;
22. Administrative Cooperation;
23. Summary of the Round Table;
Two: Community Investigative Procedures and Enforcement of Sanctions.
24. Community Investigative Procedures and Enforcement of Sanctions;
25. Does the Community Legal Order have the Power to Institute Sanctions?
26. Summary of the Round Table;
Three: The Fair Trial Guarantees.
27. The Fair Trial Guarantees;
28. The Fair Trial Guarantees: The Case Law of the European Court of Human Rights;
29. Fair Trial Guarantees and Administrative Enforcement;
30. Summary of the Round Table;
A. Chemin. Conclusions.
31. Uniformity or Compatibility of the National Legal Systems: From Identical Rules to Guiding Principles: Preliminary Remarks;
32. Uniformity or Compatibility of the National Legal Systems: From Identical Rules to Guiding Principles;
M. Delmas-Marty, P. Truche.
33. The Action of the European Parliament to Protect Community Finances: The Harmonization of Criminal and Administrative Legislation and the Investigative Power of the European Parliament;
34. The Action of the European Commission of the Community in Criminal Matters;
F. de Angelis. Bibliography; Y. Bisiou, L. Guyon. Index.