Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future (Hart Studies in European Criminal Law)

This book looks at the interplay between criminal law and other branches of public law pursuing similar objectives (referred to as ‘quasi-criminal law’). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate in both academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike. Volume 16 in the series Hart Studies in European Criminal Law Contents List of Contributors Introduction: Criminal versus Quasi-criminal Enforcement – Setting the Scene I. Introduction II. Enforcement Mechanisms: 50 Shades of Grey? III. Choice of Terminology: Criminal versus Quasi-criminal Enforcement IV. Defining Borders and Concepts for a More Coherent European Approach V. Analytical Grid PART I. THE ORIGINS OF QUASI-CRIMINAL ENFORCEMENT MECHANISMS: A COMPARATIVE JOURNEY THROUGH EUROPE 1. The Origin and Development of Quasi-criminal Enforcement Mechanisms in Europe: Nordic Perspective I. Introduction II. A ‘Nordic Model’ for Penal Thinking – Nordic Sub-Region? III. Criminal Law Europeanisation and Evolving Policy on Administrative Penal Sanctions IV. Towards More Principled Legislative Models for a Control Policy in Three Nordic Countries V. Reforming Finland's Regulation of Administrative Sanctions VI. Substance of the Regulation of Administrative Sanctions VII. Conclusion 2. Swiss Peculiarities of the Enforcement Mechanisms in Core, Secondary and Administrative Criminal Law I. Introduction II. Different Sources of Substantive Criminal Law III. Different Types of Criminal Law Enforcement IV. Administrative Procedure V. Conclusion 3. Quasi-criminal Enforcement Mechanisms in Germany: Past and Present I. Introduction II. Background, Core Features, and Current Trends of the Act on Regulatory Offences III. Features of Past and Present German Quasi-criminal Enforcement Mechanisms IV. A Line Between Criminal and Regulatory Enforcement? V. Conclusion 4. Quasi-criminal Sanctions in Central Europe – Their Origins and Evolution I. Introduction II. Origins of Quasi-Criminal Sanctions III. The Current Situation IV. Conclusions 5. The Interplay between Criminal and Quasi-criminal Enforcement Mechanisms in the UK Context Explored through the Prism of 'Market Abuse': Current Approaches and Historical Perspectives I. Introduction: Background and Context II. Defining 'Market Abuse' and 'Financial Crime': Understanding Quasi-criminal Enforcement in the UK III. Phenomenalising Qcems through Uk Enforcement Experiences IV. Conventional Differences between Criminal and Non-criminal Enforcement V. The Resurgence of Criminal Enforcement, and the Significance for QCEMs VI. Criminal and Non-criminal Enforcement: Challenges of 'Blurring' and 'Mimicking' VII. Conclusion PART II. CRIMINAL, CIVIL, ADMINISTRATIVE ... WHAT’S IN A NAME? DISENTANGLING CONCEPTS, SELECTED TOPICS A. General Part of Criminal Law 6. Quasi-criminal Enforcement in Criminal Law and Penal Theory: What Would Herbert Packer Say? I. Introduction II. The Formal Ranking of Offending Conduct III. Provenance and the Protection of Interests IV. The Feasibility and Sensible Use of the Criminal Law Process and Sanction V. Criminalisation and Decriminalisation: The Role of Contingency VI. Deterrence and the Choice of Regime and Measures: Myths and Rhetoric VII. The Value of Non-criminal Law Processes of Legal Control 7. Four Dimensions of Nulla Poena Sine Culpa: The Principle of Individual Culpability in Contexts of Criminal and Quasi-criminal Law Enforcement in Europe I. Introduction II. Origins and Ramifications of Nulla Poena Sine Culpa III. First Dimension: Individual Authorship IV. Second Dimension: Mens Rea Elements V. Third Dimension: Exculpatory Defences VI. Fourth Dimension: Proportionate Penalties VII. Conclusion 8. Non-conviction Based Confiscation: Moving the Confiscation of Criminal Proceeds from the Criminal to the ‘Civil’ Sphere Benefits, Issues and Two Procedural Aspects I. Introduction II. Non-conviction Based Recovery ofCriminal Proceeds – Main Characteristics III. Civil Recovery – Enforcement Needs and Advantages IV. ... And Issues V. The Standard and the Burden of Proof VI. Epilogue B. Special Part of Criminal Law 9. ‘Crimmigration’ and Human Rights: Immigration Detention at the European Court of Human Rights I. Introduction II. Detaining Migrants III. Human Dignity as a Response to the Crisis IV. Liberty and Freedom of Movement V. Concluding Remarks 10. Cartel Offences: Quasi-criminal Enforcement for Criminal Behaviour? I. Introduction II. Emergence of a Quasi-criminal Enforcement of the Prohibition on Cartels III. Is Cartel Conduct a Form of Criminal Behaviour? IV. Conclusion 11. Protection of Procedural Rights in Administrative and Criminal Proceedings: The Case of the Privilege against Self-incrimination in Belgian Customs Law I. Introduction II. Customs' Legislative Framework III. Nemo Tenetur as Interpreted by the ECtHR IV. Nemo Tenetur in Belgian Case Law V. Conclusion PART III. TOWARD A MORE COHERENT TERMINOLOGICAL FRAMEWORK IN EUROPE 12. Two Forms of Smudge: An ECtHR Perspective on the Blurring of Boundaries between Criminal and Administrative Law I. Introduction II. Attempts to Define the Differences between Criminal and Administrative Law III. Models of Criminal-Administrative Divide IV. The ECtHR and its Role in Blurring the Boundaries V. Conclusion 13. The EU Legislature's Balancing Exercise between Practical Concerns and Conceptual Divisions I. Introduction II. The EU Legislature's Conceptual Framework III. A Case Study: Substantive Criminal Law on New Psychoactive Substances IV. Conclusions 14. Criminal and Quasi-criminal Enforcement Mechanisms: Proposal for a More Coherent European Approach I. Introduction II. Main Research Findings III. In Search of a More Coherent Approach Index "This book looks at the interplay between criminal law and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate in both academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike"-- Provided by publisher "This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike." "This book looks at the interplay between criminal and public law. The need for clarifying the concepts and the interlink between administrative and criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice. This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy and their high quality analysis will appeal to both scholars and policymakers alike."