33351228
Description
Flashcards by E. Agullo Stolz, updated more than 1 year ago
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Created by E. Agullo Stolz
over 2 years ago
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| Question | Answer |
| Dichotomous concept | criminal responsibility either full or absent e.g. Austria, US, Belgium |
| Graded concept | Lacking, diminished or full criminal responsibility e.g. Germany, NL, France, Spain |
| Not applied | Criminal responsibility not applied as a legal concept e.g. England and Wales, Ireland, Sweden |
| National criminal law | Main principal: every nation can shape its own criminal justice system and criminal code So national criminal systems and codes, even in the European Union, can vary a lot from state to state. |
| National & International difference US & NL | in The Netherlands we have ‘trial by judge’/’bench trial’ and in the UK they have ‘trial by jury’ UK (like US) has a jury while NL has judges who make the decisions |
| National & International similarity | Many general principles of criminal law are recognized across the globe. The most important principles are about human rights and are included into law (codified). At an international level that is realized in treaties between nations. |
| The Council of Europe | - Belarus and Vatican city not part of the council - Values: advocates freedom of expression and of the media, freedom of assembly. Equality, and the protection of minorities. Helps member states fight corruption and terrorism and undertake necessary judical reforms. Its group of constitutional experts, known as the Venice Commission, offers legal advise to countries throughout the world. The council of Europe promotes human rights through international conventions and it monitors member states’ progress in these areas and makes recommendations through independent expert monitoring bodies. Council of Europe member states no longer apply the death penalty |
| The Council of Europe | The main results achieved by de COE are: European Convention on Human Rights (1953) European Court of Human Rights (1959) Was founded after WW2 to prevent something similar -> 6 observer states: Canada, Holy See, Israel (Observer to the parliamentary assembly), Japan, Mexico, US Observer status: they co-operate with the council to accept its guiding principles of democracy, the rule of law, human rights and fundamental freedoms and to send observers to its expert committees and conferences of specialized ministers |
| European Convention on Human Rights | - European Convention on Human Rights (ECHR) protects the human rights of people in countries that belong to the council of Europe - All 47 member states, including the UK, have signed the convention - Any single human has the right to file a complaint there but of course must first go through the national justice system |
| The European Union | - The Council of Europe is not to be confused with the European Union - EU became a ‘union’ since 1993, but traces its origins to 1951. - Today 27 members - The EU is a political and economical organization. - Members originally relinquished al lot of its sovereignty on economic law, but not on criminal law. This changed after the Treaty of Lisbon (2009). A growing amount of EU-directives are ‘disturbing’ national criminal law. |
| Lisbon treaty | The Lisbon treaty updated regulations for the European Union, establishing a more centralized leadership and foreign policy, a proper process for countries that wish to leave the Union, and a streamlined process for enacting new policies. |
| The European Union | - The EU has its own human rights bill: Charter of Fundamental Rights of the EU. - there is a European Court of Justice in Luxembourg ( not to confuse with the Human Court of Human Rights in Strasbourg). The ECJ also has a growing influence on national criminal law (though less than the ECHR). - Members in the EU work together harmonizing criminal law and fighting (international) crime. |
| Charter of Fundamental Rights of the EU | Charter of Fundamental Rights of the EU: brings together all the personal, civic, political, economic and social rights enjoyed by people within the EU in a single text It covers: All the rights found in the case law of the Court of Justice of the EU. The rights and freedoms enshrined in the European Convention on Human Rights. Other rights and principles resulting from the common constitutional traditions of EU countries and other international instruments |
| The Victims Rights Directive | - is a legal and policy framework on victim’s rights - It establishes minimum standards on the rights, support and protection of victims of crime and ensures that persons who have fallen victim of crime are recognized and treated with respect. They must also receive proper protection, support and access to justice. - Implemented in The Netherlands on 1 April 2017 |
| Human rights worldwide | - United Nations (1945, 193 members) - national Covenant on Civil and Political Rights (ICCPR, 1966, 172 parties) - Lower level of protection for civilians than ECHR: -> death sentence not abolished (still used in US or Iran) -> no court on human rights where civilians can appeal directly |
| ICCPR | is an international human rights treaty adopted in 1966. The UK agreed to follow ICCPR in 1976. It enables people to enjoy a wide range of human rights, including those relating to: Freedom from torture and other cruel, inhuman or degrading treatment or punishment Fair trial rights Freedom of thought, religion, and expression Privacy, home, and family life Equality and non-discrimination -> Lower level of protection for civilians than what the ECHR offers! |
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