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The Constitution says yes [but…] to the Lisbon Treaty The Judgment of the Second Senate of the Federal Constitutional Court of the 30 June 2009
The German Federal Constitutional Court was asked to decide upon the constitutional compatibility of the changes foreseen by the Treaty of Lisbon and its implementation via various acts of legislation by the German parliamentary organs.1 Above all, the complainants (inter alia, a number of Members of the German Bundestag and the parliamentary group “DIE LINKE”) argued for constitutional breaches because, in their view, the federal government delegated powers to the EU that it was not competent to do and to such an extent as to undermine the authority of the Federal parliamentary organs (the Bundestag and the Bundesrat). The Constitutional… Read more
The Approximation of National Substantive Criminal Law on Fraud and the Limits of the Third Pillar
OLAF is the only Community body whose tasks include administrative investigations on behaviour detrimental to the financial interests of the EU that may have “criminal” and “trans-national” aspects simultaneously. Trans-national European crime requires new solutions to be found in what is commonly referred to as European criminal law. For this reason the protection of financial interests has been the motor of the emerging European criminal law and continues to play a vital role.1 Even before the existence of OLAF, its predecessor, the unit charged with the protection of the financial interests within the Commission (UCLAF), put forward first instruments on… Read more
Editorial for
Issue 1/2006
Editorial Editorial first eucrim issue 1-2/2006 From Agon to eucrim
I. Developing new visions and models for the cooperation and integration of the national European criminal law systems in the supra-national European context is one of the most challenging tasks for criminal lawyers in the 21st century. This new challenge is caused by the fact that European integration not only fosters the coalescence of European citizens and economies, but also an increase in trans-national crime. In a close economic community, it is no longer possible to deal with such phenomena of trans-national crime using traditional national criminal law systems, based on judicial decisions which are principally limited to national territory… Read more