Emergence of EU Criminal Law Cyber Crime and the Regulation of the Information Society
Product details
Biographical note
Sarah Summers is SNF Professor of Criminal Law and Criminal Procedure Law at the University of Zurich.
Christian Schwarzenegger is Professor of Criminal Law, Criminal Procedure Law and Criminology and Head of the Institute of Criminology at the University of Zurich.
Gian Ege, MLaw, is a researcher working under the auspices of Christian Schwarzenegger at the University of Zurich, Switzerland. His research interests lie in the field of substantive criminal law and European criminal law. He is currently working on his PhD which concerns the role of emotion in the criminal law.
Finlay Young, LLB (hons), LLM is a Scottish independent lawyer, journalist, and researcher. His research focuses on issues of access to justice in developing countries, and human rights law in the European context.
All in all, a captivating book - interesting for academics as well as practitioners.
- Tony Marguery, Common Market Law Review
Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is emphasised by the ever-increasing amount of legislation stemming from the European Union (EU) which impacts, both directly and indirectly, on the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonising and ensuring the application of EU criminal law.
This book aims to highlight some of the consequences of EU involvement in the criminal law by examining the provisions which have been adopted in the field of information and communications technology. It provides an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. It then goes on to consider the EU legislation which requires Member States to regulate matters such as data protection, e-security, intellectual property and various types of illegal content through the criminal law is analysed. In the course of this evaluation, particular consideration is given to issues such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation.
1: The Development of EU Criminal Law
I Introduction
II Substantive Criminal Law in the Third Pillar
III The Criminal Law Competence of the European Community
IV Beyond Environmental Protection: Community Involvement in the Criminal Law
2: EU Criminal Law after Lisbon
I Introduction
II Criminal Law Competence according to the Lisbon Treaty
III EU Criminal Offences: Areas of the Substantive Criminal Law Subjected to ‘Approximation’
IV EU Criminal Law and Policy after Lisbon
3: EU Legislation in the Field of Information and Communications Technology 85
I Introduction
II The Development of the EU Legislation concerning ICT
III Changes in EU Competence
IV Current State of Affairs
V Conclusions
4: Criminal Law and the Protection of Intellectual Property Rights
I Intellectual Property and Copyright in the Information Society
II EU Copyright Protection Measures
III Extra-European Initiatives
IV ACTA
V Conclusions
5: Content Regulation and the Criminal Law
I Introduction
II The Development of Content Regulation and the Role of ICT
III Distinguishing Criminal from Lawful Content
IV EU Provisions Criminalising Content
V Conclusions
6: Criminal Law and the Safeguarding of Privacy
I Introduction
II Key Issues for Privacy in the Information Age
III Conclusions 229
7: Cybercrime
I Introduction
II EU Criminal Law and Cybercrime
III Harmonisation and General Principles of Criminal Law
Conclusions: Criminalisation, Harmonisation, Europeanisation
I Criminalisation
II Harmonisation
III Europeanisation
Studies in International and Comparative Criminal Law
Criminal law had long been regarded as the preserve of national legal systems, and comparative research in criminal law for a long time had something of an academic ivory tower quality. However, in the past 15 years it has been transformed into an increasingly, and moreover practically, relevant subject of study for international and comparative lawyers. This can be attributed to numerous factors, such as the establishment of ad hoc international criminal tribunals and the International Criminal Court, as well as to developments within the EU, the UN and other international organisations. There is a myriad of initiatives related to tackling terrorism, money laundering, organised crime, people trafficking and the drugs trade, and the international 'war' on terror. Criminal law is being used to address global or regional problems, often across the borders of fundamentally different legal systems, only one of which is the traditional divide between common and civil law approaches. It is therefore no longer solely a matter for domestic lawyers. The need exists for a global approach which encompasses comparative and international law.
Responding to this development this new series will include books on a wide range of topics, including studies of international law, EU law, the work of specific international tribunals, and comparative studies of national systems of criminal law. Given that the different systems to a large extent operate based on the idiosyncracies of the peoples and states that have created them, the series will also welcome pertinent historical, criminological and socio-legal research into these issues.
Editorial Committee:
Cheah Wui Ling (NUS, Singapore)
Caroline Fournet (Groningen, The Netherlands)
Rachel Killean, (QUB, Belfast)
Dawn Rothe (FAU, USA)
Liling Yue (Beijing, China)
Heike Jung (Saarbrücken, Germany)
Adel Ibrahim Maged (Cairo, Egypt)
Wolfgang Schomburg (Berlin, Germany)
Noha Aboueldahab (Brookings Institute, Doha)
Gleb I Bogush (HSE University, Russia)
Hector Olasolo (Universidad del Rosario, Colombia)
Leigh Swigart (Brandeis University, USA)
Sarah Williams (University of New South Wales, Australia)
Product details
Biographical note
Sarah Summers is SNF Professor of Criminal Law and Criminal Procedure Law at the University of Zurich.
Christian Schwarzenegger is Professor of Criminal Law, Criminal Procedure Law and Criminology and Head of the Institute of Criminology at the University of Zurich.
Gian Ege, MLaw, is a researcher working under the auspices of Christian Schwarzenegger at the University of Zurich, Switzerland. His research interests lie in the field of substantive criminal law and European criminal law. He is currently working on his PhD which concerns the role of emotion in the criminal law.
Finlay Young, LLB (hons), LLM is a Scottish independent lawyer, journalist, and researcher. His research focuses on issues of access to justice in developing countries, and human rights law in the European context.