Description
Bloomsbury Publishing PLC The Emergence of EU Criminal Law: Cyber Crime and the Regulation of the Information Society by Christian Schwarzenegger Finlay Young Gian Ege Professor Sarah J Summers
Criminal law can no longer be neatly categorized as the product and responsibility of domestic law. That this is true is emphasized 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 harmonizing 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 in part one 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. In the second part 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.