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Journal Cover European Journal of Crime, Criminal Law and Criminal Justice
  [SJR: 0.171]   [H-I: 11]   [387 followers]  Follow
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 0928-9569 - ISSN (Online) 1571-8174
   Published by Brill Academic Publishers Homepage  [226 journals]
  • Criminal Justice and the “New, Deep and Special Partnership” between
           the and the : A Critical Test for the Area of Freedom, Security and
    • Authors: Estella Baker
      First page: 1
      Abstract: Source: Volume 26, Issue 1, pp 1 - 19
      PubDate: 2018-01-29T00:00:00Z
  • EU Criminal Law and Its Legitimation: In Search for a Substantive
           Principle of Criminalisation
    • Authors: Nina Peršak
      First page: 20
      Abstract: Source: Volume 26, Issue 1, pp 20 - 39The increasing legislative activity in the field of EU criminal law has highlighted the need for a coherent and consistent approach to criminalisation, which has been acknowledged by the EU institutions themselves. One of the basic questions all legislators need to tackle, however, is what sorts of conduct can be (legitimately) criminalised. The aim of this article is, firstly, to examine the prevailing substantive criminalisation principle(s) in the EU Member States’ criminal law theories; secondly, to sketch an ideal criminalisation process, which although applicable at national level can be useful also at EU level, and thirdly, to inspect the existing criminal law grounds for criminalisation and the criminal policy orientations at EU level in order to find out what the underlying substantive criminalisation principle behind EU criminal law is or ought to be, alongside other principles that may act as ‘limiting factors’ within the criminalisation process.
      PubDate: 2018-01-29T00:00:00Z
  • Accumulated Uneasiness – A Pathway towards Desistance among
           Delinquent Youth
    • Authors: Steffen Zdun
      First page: 40
      Abstract: Source: Volume 26, Issue 1, pp 40 - 61Despite the wealth of knowledge in desistance research on the meaning of growing discontent with one’s life situation and a perceived necessity of distancing oneself from a negative past, there is a research gap in explaining cases in which individuals mainly change for their own sake. This paper introduces the concept of accumulated uneasiness which adds to the reconstruction of plausible pathways towards desistance from delinquency. Twenty-nine qualitative interviews of young adults were analyzed. The findings suggest that delinquency and other immature behavior might lose their meaning in young adulthood due to internalized values and norms; a process which is intensified by and started due to an increasing feeling of accumulated uneasiness. The findings contribute to the discussion why desistance occurs at certain points in life and how internal and external motivation is interrelated in such processes.
      PubDate: 2018-01-29T00:00:00Z
  • The Right to Custodial Legal Assistance in Europe: In Search for the
    • Authors: Anna Pivaty
      First page: 62
      Abstract: Source: Volume 26, Issue 1, pp 62 - 98Following national transposition of procedural rights’ Directives, various EU and domestic authorities would need to interpret their provisions, including those concerning the right to custodial legal assistance. To inform this interpretation, account must be taken of the relevant ECtHR case law. However, many of the Directives’ provisions are so unclear, and the ECtHR approach is so inconsistent, that to achieve a coherent interpretation, it appears necessary to first identify the principles behind this right. This article examines these principles, in the form of rationales, from the theoretical, jurisprudential, and EU law perspectives. It concludes that the right should be conceived as grounded in a range of rationales, notwithstanding an alternative view that it serves (only) to protect the privilege against self-incrimination. The article fleshes out the consequences of this conclusion for interpreting some of the relevant Directives’ provisions, and for criminal defence practice.
      PubDate: 2018-01-29T00:00:00Z
  • New Criminological Literature in Europe
    • Authors: Elisabeth Martin
      First page: 99
      Abstract: Source: Volume 26, Issue 1, pp 99 - 102
      PubDate: 2018-01-29T00:00:00Z
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