The Concept of Criminal Matter in the European Courts’ Case Law – The Protection of Fundamental Principles v. Political Compromise

Abstract

I. The concept of criminal matter. - II. The Engel criteria. The first one: classification of the offence under national law. -1. The second one: the nature of the infringement. - 2. The third one: the nature and the severity of the sanction. - 3. Some conclusions about the concept of “criminal matter”. - III. The ECtHR’s case law about the concept of “criminal matter”: security measure. - 1. Administrative sanctions. - 2. Disciplinary sanctions. - 3. Tax-surcharges. - 4. Extradition, arrest warrant and expulsion. - 5. Political proceeding. - 6. The different stages of criminal proceedings, ancillary proceedings and subsequent remedies. - IV. The ECJ case law about the concept of criminal matter. - V. The ECtHR case law about the nature of the confiscation. - 1. The nature of the preventive confiscation and of the civil forfeiture. - 2. The nature of the extended confiscation and other forms. - VI. Conclusions: the concept of criminal matter as basis of the ius commune.