Abstract
European Criminal Justice and Continental Criminal Law – A Critical Overview
Highlights
Even though an authentic EU Criminal Law does still not exist, there is an alluvial EU Legislation in criminal matters based on the idea of security and war on crime; this ‘fight-logic’ contrasts with the offender-centred approach innervating both the continental criminal culture and the continental constitutional laws
The European Court of Human Rights is continually declaring to seek a fair balance between individual rights and collective security, the European judges tend to fail in this respect
For the purpose of this article ‘European Criminal Justice’ means the criminal justice system drawn up by the Court of Strasbourg when called to rule on the violation, on behalf of the State, of fundamental freedoms enshrined in the European Convention on Human Rights and Fundamental Freedoms (ECHR)
Summary
On the basis of a victim-centred interpretation of the ECHR's provisions[11], the Court of Strasbourg has altered the due process model (adversarial system) and introduced an increasing number of diversions in respect of the inquisitorial system, which “better protects" the victims of crime[12] by removing them
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