Pub Date : 2023-09-28DOI: 10.15845/bjclcj.v11i1.4037
Geir Heivoll
In the article ‘Norwegian police law, crime prevention and its (need for more) democratic legitimacy’ John Reidar Nilsen argues that Norwegian police law has lacked democratic legitimacy, and in some respects still does. According to Nilsen the patriarchal form of police law in the Danish-Norwegian absolute monarchy continued to make its mark on police law in the Norwegian constitutional state, resulting in a lack of democratic legitimacy. Although questions concerning the democratic legitimacy and legality of police law should be discussed, and Nilsen on several points makes interesting contributions to such a discussion, his historical narrative does not give an accurate description of the features of police law in the transition from autocracy to the Norwegian constitutional state. Police law and the legal understanding of it changed throughout the autocracy and from the latter part of the 18th century, it was shaped in line with new European ideas about state, popular government, and legal order. Instead of seeing the first understanding of police law in the Norwegian constitutional state as a legacy from the autocracy, it should rather be seen as the birth of modern Norwegian police law.
{"title":"The birth of modern Norwegian police law","authors":"Geir Heivoll","doi":"10.15845/bjclcj.v11i1.4037","DOIUrl":"https://doi.org/10.15845/bjclcj.v11i1.4037","url":null,"abstract":"
 
 
 In the article ‘Norwegian police law, crime prevention and its (need for more) democratic legitimacy’ John Reidar Nilsen argues that Norwegian police law has lacked democratic legitimacy, and in some respects still does. According to Nilsen the patriarchal form of police law in the Danish-Norwegian absolute monarchy continued to make its mark on police law in the Norwegian constitutional state, resulting in a lack of democratic legitimacy. Although questions concerning the democratic legitimacy and legality of police law should be discussed, and Nilsen on several points makes interesting contributions to such a discussion, his historical narrative does not give an accurate description of the features of police law in the transition from autocracy to the Norwegian constitutional state. Police law and the legal understanding of it changed throughout the autocracy and from the latter part of the 18th century, it was shaped in line with new European ideas about state, popular government, and legal order. Instead of seeing the first understanding of police law in the Norwegian constitutional state as a legacy from the autocracy, it should rather be seen as the birth of modern Norwegian police law.
 
 
","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-28DOI: 10.15845/bjclcj.v11i1.4039
Mikael Svanberg
After some years of debate among intellectuals about the freedom of individuals in relation to the state, sexual intercourse in public was legalised in Sweden in 1971 with an age limit of 15 for participants, and all kinds of printed pornography were legalised without an age limit for those involved. (The representation and private adult consumption of pornography in moving images remained legally unregulated like before.) The reform was similar to a reform that had entered into force in Denmark in 1969. A re-regulation of pornography was carried out during the period 1973-1999. The result of this study shows that although child pornography in print and sexual intercourse in public were criminalised during the rule of conservative Governments (1976-1982), it was not until 1990 that all political parties took a firm stand against child pornography in moving images. The results have been interpreted in the light of the Scandinavian legal realism that characterised Swedish legislation until the 1990s.
{"title":"The Legalisation of Child Pornography in Sweden and What Followed (1969-1999)","authors":"Mikael Svanberg","doi":"10.15845/bjclcj.v11i1.4039","DOIUrl":"https://doi.org/10.15845/bjclcj.v11i1.4039","url":null,"abstract":"
 
 
 After some years of debate among intellectuals about the freedom of individuals in relation to the state, sexual intercourse in public was legalised in Sweden in 1971 with an age limit of 15 for participants, and all kinds of printed pornography were legalised without an age limit for those involved. (The representation and private adult consumption of pornography in moving images remained legally unregulated like before.) The reform was similar to a reform that had entered into force in Denmark in 1969. A re-regulation of pornography was carried out during the period 1973-1999. The result of this study shows that although child pornography in print and sexual intercourse in public were criminalised during the rule of conservative Governments (1976-1982), it was not until 1990 that all political parties took a firm stand against child pornography in moving images. The results have been interpreted in the light of the Scandinavian legal realism that characterised Swedish legislation until the 1990s.
 
 
","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-28DOI: 10.15845/bjclcj.v11i1.4038
Kimmo Nuotio
Dealing with historical matters by means of law has become increasingly common. The matters, such as the Holocaust, that have merited the attention of legislatures are, however, exceptional. The painful memory of the horrible events has required a profound rethinking of the basic premises of political and legal life in Europe.
When criminal law is being used to protect the memory of those facts and of the victims of the offences, we enter a level of highly symbolical legislation. In Continental Europe, the discussions concerning criminalisation of Holocaust denial emerged in the 1970’s, and in the 1990’s criminalising was already in full swing.
The Nordic countries have been slow in joining such developments. In this paper we will try to bring the Nordic countries on this map by introducing some of these discussions to the Nordic scholarly audience, but also by reporting to the international scholarly community about some Nordic and particularly Finnish aspects of those subject issues. It is time for Nordic criminal law scholars to join these debates and to bring in viewpoints on the basis of Nordic criminal law and theorising. This article aims at contributing to such a discussion.
{"title":"Holocaust Denial as Memory Criminal Law Seen Through the Nordic Lenses","authors":"Kimmo Nuotio","doi":"10.15845/bjclcj.v11i1.4038","DOIUrl":"https://doi.org/10.15845/bjclcj.v11i1.4038","url":null,"abstract":"
 
 
 Dealing with historical matters by means of law has become increasingly common. The matters, such as the Holocaust, that have merited the attention of legislatures are, however, exceptional. The painful memory of the horrible events has required a profound rethinking of the basic premises of political and legal life in Europe.
 When criminal law is being used to protect the memory of those facts and of the victims of the offences, we enter a level of highly symbolical legislation. In Continental Europe, the discussions concerning criminalisation of Holocaust denial emerged in the 1970’s, and in the 1990’s criminalising was already in full swing.
 The Nordic countries have been slow in joining such developments. In this paper we will try to bring the Nordic countries on this map by introducing some of these discussions to the Nordic scholarly audience, but also by reporting to the international scholarly community about some Nordic and particularly Finnish aspects of those subject issues. It is time for Nordic criminal law scholars to join these debates and to bring in viewpoints on the basis of Nordic criminal law and theorising. This article aims at contributing to such a discussion.
 
 
","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.1163/15718174-bja10042
Elizabeta Ivičević Karas, Zoran Burić, Matko Pajčić
This paper presents the research results of Croatian practitioners’ experiences in applying consensual forms which serve probative purposes. The aim of the research was to find out, through the qualitative analysis of practical experiences obtained through semi-structured interviews with 60 practitioners in criminal justice system – 20 judges, 20 state attorneys and 20 defence attorneys, and then through discussions in four focus groups, how measures of rewarding collaborators of justice are applied in practice. The focus was on procedural tools which may be used to ensure respect of the principle of legality and the lawful application of the principle of discretionary prosecution, as well as on judicial control, which should efficiently prevent “mixing the procedural roles” of the accused and the witness. Particular attention was paid to the emergence of informal agreements, which puts into question the whole concept of regulated consensual forms serving probative purposes. An analysis of the practical experiences of different stakeholders reveals the existing deficiencies of normative regulation and applied practices.
{"title":"Collaborators of Justice: Consensual Procedural Forms Serving Probative Purposes Analysed Through Practitioners’ Experiences in Croatia","authors":"Elizabeta Ivičević Karas, Zoran Burić, Matko Pajčić","doi":"10.1163/15718174-bja10042","DOIUrl":"https://doi.org/10.1163/15718174-bja10042","url":null,"abstract":"\u0000This paper presents the research results of Croatian practitioners’ experiences in applying consensual forms which serve probative purposes. The aim of the research was to find out, through the qualitative analysis of practical experiences obtained through semi-structured interviews with 60 practitioners in criminal justice system – 20 judges, 20 state attorneys and 20 defence attorneys, and then through discussions in four focus groups, how measures of rewarding collaborators of justice are applied in practice. The focus was on procedural tools which may be used to ensure respect of the principle of legality and the lawful application of the principle of discretionary prosecution, as well as on judicial control, which should efficiently prevent “mixing the procedural roles” of the accused and the witness. Particular attention was paid to the emergence of informal agreements, which puts into question the whole concept of regulated consensual forms serving probative purposes. An analysis of the practical experiences of different stakeholders reveals the existing deficiencies of normative regulation and applied practices.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45197624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.1163/15718174-bja10044
Robin Hofmann
The German government plans the ‘total-legalization’ of cannabis i.e. a state regulated market for recreational cannabis by 2024. Unlike Canada or Uruguay the German legislator plans to comply with the international treaty regime which strictly prohibits cannabis except for medical and scientific purposes. Concerning the equally prohibitive EU law the German government coalition follows a legal strategy of re-interpreting relevant provisions and exploiting legal loopholes. This article will outline this strategy and analyse the complex problems it raises under international and EU law. It will demonstrate that the German government has embarked on a risky endeavor as the international treaty regime as much as EU crime and drug policies give little room for legal maneuvers. Major issues such as the curbing of drug tourism and the compliance with free market rules remain widely unsolved.
{"title":"The ‘Total-Legalization’ of Cannabis in Germany: Legal Challenges and the EU Free Market Conundrum","authors":"Robin Hofmann","doi":"10.1163/15718174-bja10044","DOIUrl":"https://doi.org/10.1163/15718174-bja10044","url":null,"abstract":"\u0000The German government plans the ‘total-legalization’ of cannabis i.e. a state regulated market for recreational cannabis by 2024. Unlike Canada or Uruguay the German legislator plans to comply with the international treaty regime which strictly prohibits cannabis except for medical and scientific purposes. Concerning the equally prohibitive EU law the German government coalition follows a legal strategy of re-interpreting relevant provisions and exploiting legal loopholes. This article will outline this strategy and analyse the complex problems it raises under international and EU law. It will demonstrate that the German government has embarked on a risky endeavor as the international treaty regime as much as EU crime and drug policies give little room for legal maneuvers. Major issues such as the curbing of drug tourism and the compliance with free market rules remain widely unsolved.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45236256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.1163/15718174-bja10043
Anna Błachnio-Parzych, Mateusz Podhalicz, Weronika Stawińska-Artecka
The right to a court (right to a fair trial) is regarded as a foundation of the rule of law. With regard to liability for offenses which do not belong to the so-called core of criminal law, the European Court of Human Rights has accepted the adjudication on this liability by an administrative authority. However, the requirement of compliance with Article 6 (1) of the European Convention on Human Rights is designed to ensure full judicial review of the administrative authority’s decision(s). The aim of the article is to examine whether and how the solutions adopted in German, French and English law meet the standards in relation to administrative liability of a penal character. This study will concentrate on the character of the administrative authorities’ decisions regarding such liability and the scope of judicial review of such administrative decisions in the field of the protection of financial markets and competition.
{"title":"The Right to a Court in Cases of Administrative Liability of a Penal Character in the Field of the Protection of Financial Markets and Competition in German, French and English Law","authors":"Anna Błachnio-Parzych, Mateusz Podhalicz, Weronika Stawińska-Artecka","doi":"10.1163/15718174-bja10043","DOIUrl":"https://doi.org/10.1163/15718174-bja10043","url":null,"abstract":"\u0000The right to a court (right to a fair trial) is regarded as a foundation of the rule of law. With regard to liability for offenses which do not belong to the so-called core of criminal law, the European Court of Human Rights has accepted the adjudication on this liability by an administrative authority. However, the requirement of compliance with Article 6 (1) of the European Convention on Human Rights is designed to ensure full judicial review of the administrative authority’s decision(s). The aim of the article is to examine whether and how the solutions adopted in German, French and English law meet the standards in relation to administrative liability of a penal character. This study will concentrate on the character of the administrative authorities’ decisions regarding such liability and the scope of judicial review of such administrative decisions in the field of the protection of financial markets and competition.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42957974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.1163/15718174-31020002
Elisabeth Martin
{"title":"New Criminological Literature in Europe","authors":"Elisabeth Martin","doi":"10.1163/15718174-31020002","DOIUrl":"https://doi.org/10.1163/15718174-31020002","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135503214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.1163/15718174-31020001
G. Meško
{"title":"Comparative Criminology and Comparative Criminal Justice in Contemporary Crime and Social Control Research – a Brief Overview","authors":"G. Meško","doi":"10.1163/15718174-31020001","DOIUrl":"https://doi.org/10.1163/15718174-31020001","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48382061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-24DOI: 10.1163/15718174-31010003
J. Ouwerkerk
In December 2021, the European Commission submitted a proposal for a new, adjusted directive on environmental crime.1 At the time of writing this piece, a general approach has been adopted in the Council while the European Parliament’s first reading position is being waited for.2 The proposed directive seeks to strengthen the protection of the environment by means of measures in the field of criminal law. To a significant extent, these measures are proper substantive criminal law provisions, aiming for the harmonisation of offence definitions, penalty levels, penalty types available, and rules on jurisdiction (draft Articles 3–10, 12). Other measures are of a different nature, dealing with the protection of persons reporting environmental crimes or assisting in the criminal investigation of such crimes (draft Article 13), the procedural position of the public concerned (draft Article 14), and obligations with regard to prevention, sufficient resources, training of professionals, the establishment of coordination and cooperation mechanisms, the development and implementation of a national strategy, and the collection, publication, and transmission of statistical data regarding the actual fight against environmental crime (draft Articles 15–21). The proposed directive hereby contains varied types of measures. Still, the entire proposal has been based on Article 83(2) of the Treaty on the Functioning of the European Union (tfeu), one of the EU’s express criminalisation
{"title":"EU Substantive Criminal Law, Ancillary Measures and Legal Basis","authors":"J. Ouwerkerk","doi":"10.1163/15718174-31010003","DOIUrl":"https://doi.org/10.1163/15718174-31010003","url":null,"abstract":"In December 2021, the European Commission submitted a proposal for a new, adjusted directive on environmental crime.1 At the time of writing this piece, a general approach has been adopted in the Council while the European Parliament’s first reading position is being waited for.2 The proposed directive seeks to strengthen the protection of the environment by means of measures in the field of criminal law. To a significant extent, these measures are proper substantive criminal law provisions, aiming for the harmonisation of offence definitions, penalty levels, penalty types available, and rules on jurisdiction (draft Articles 3–10, 12). Other measures are of a different nature, dealing with the protection of persons reporting environmental crimes or assisting in the criminal investigation of such crimes (draft Article 13), the procedural position of the public concerned (draft Article 14), and obligations with regard to prevention, sufficient resources, training of professionals, the establishment of coordination and cooperation mechanisms, the development and implementation of a national strategy, and the collection, publication, and transmission of statistical data regarding the actual fight against environmental crime (draft Articles 15–21). The proposed directive hereby contains varied types of measures. Still, the entire proposal has been based on Article 83(2) of the Treaty on the Functioning of the European Union (tfeu), one of the EU’s express criminalisation","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42900114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-24DOI: 10.1163/15718174-31010002
Elisabeth Martin
{"title":"New Criminological Literature in Europe","authors":"Elisabeth Martin","doi":"10.1163/15718174-31010002","DOIUrl":"https://doi.org/10.1163/15718174-31010002","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134955259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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