Need for and feasibility of an EU offence policy

Uitgever

 22,00

Starting from the observation that criminal law is different in each of the
member states as a result of which

(1) what constitutes an offence in one member state does not necessarily constitute an offence in another member state,
(2) even where offences are equally criminalised in all member states, the sanction levels may still vary and
(3) more generally, the position of the
offences in the entirety of the justice system may vary,

the question arises to what extent those…

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Starting from the observation that criminal law is different in each of the
member states as a result of which

(1) what constitutes an offence in one member state does not necessarily constitute an offence in another member state,
(2) even where offences are equally criminalised in all member states, the sanction levels may still vary and
(3) more generally, the position of the
offences in the entirety of the justice system may vary,

the question arises to what extent those so-called offence diversities are an obstacle for EU policy
making and to what extent it is feasible to overcome those obstacles.

The author underpins the need for the development of an EU offence
policy, using the common criminalisation acquis as a centre piece. She argues
that the common criminalisation acquis can help

(1) to ensure comparability
of crime statistics,

(2) to avoid redundant double criminality testing,

(3) to
overcome evidence gathering difficulties,

(4) to clarify the mandates of the EU
level actors,

(5) to identify the equivalent national sentence and

(6) to scope
the taking account of prior convictions.

The only condition: the development
of a comprehensive, consistent and well-balanced EU offence policy.

This book contains the conclusions of her publication based doctoral thesis
defended at Ghent University on 22 June 2012. It is essential reading for
policy makers both at national and European level in any policy field that is
linked to offences.

Wendy De Bondt holds a master’s degree in law (2006) and criminology
(2007) and a PhD in law (2012). She has been a member of the Institute
for International Research on Criminal Policy affiliated to the Department of
Penal Law and Criminology of Ghent University since 2007.

Boek informatie

ISBN 13
9789046605370
Aantal pagina's
86
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