Includes bibliographical references and index.

Preliminary Material / Professor Mireille Delmas-Marty, Mark A. Summers, and Ginette Mongin -- List of Authors / Professor Mireille Delmas-Marty, Mark A. Summers, and Ginette Mongin -- List of Abbreviations / Professor Mireille Delmas-Marty, Mark A. Summers, and Ginette Mongin -- Foreword / Professor Mireille Delmas-Marty, Mark A. Summers, and Ginette Mongin -- 1. Better or Worse? / Mireille Delmas-Marty -- 2. Objectives and Principles of, and Constraints on, a Criminal Policy for the European Community in the Area of the Legal Protection of its Financial Interests / Alain Lamassoure -- 3. Protection of the Financial Interests of the Community and Respect for Fundamental Rights / Lucien de Moor -- 4. From Infinitely Small to Infinitely Large / Anne Chemin -- 5. From the European Convention on Human Rights to the Treaty on European Union: Diversity of Sources / Roger Grass -- 6. From the European Convention on Human Rights to the Treaty on European Union: Diversity in Reasoning / Marcel Lemonde -- 7. The European Community and Criminal Law: An Obstacle Course / Lorenzo Salazar -- 8. Entry, Residence and Employment of Foreigners in the Community / François Julien-Laferrière -- 9. Entry, Residence and Employment of Foreigners in Germany / Heike Jung -- 10. Entry, Residence and Employment of Foreigners in Poland / Eleonora Zielinska -- 11. Summary of the Round Table “Entry, Residence and Employment of Foreigners in the Community” / Philippe Bernard -- 12. Transborder Offenses: Terrorism, Narcotics Trafficking, White-Collar Offenses / Paolo Bernasconi -- 13. Transborder Offenses: Stock Market Offenses / Jean-Marc Bardy -- 14. Transborder Offenses: Laundering Money Derived from Drug Trafficking / Jean-Claude Marin -- 15. Summary of the Round Table “Transborder Offenses (Terrorism, Narcotics Trafficking, White-Collar Offenses)” / Erich Inciyan -- 16. Fraud on the Financial Interests of the Community / Emile Mennens -- 17. Fraud on the Financial Interests of the Community: Obligations of the Member States and Action by the Community / Jean-Claude Fourgoux -- 18. The French Judge Confronted With a Fraud on the Financial Interests of the Community / Marie-Charlotte Piniot -- 19. Summary of the Round Table “Fraud on the Financial Interests of the Community” / Claude Etevenon -- 20. Judicial Assistance in Criminal Cases Within the European Union / Renée Koering-Joulin -- 21. Police Cooperation, Judicial Cooperation / André Potocki -- 22. Administrative Cooperation / Julian J. E. Schutte -- 23. Summary of the Round Table “The Cooperation Between States” / Edwy Plenel -- 24. Community Investigative Procedures and Enforcement of Sanctions / J.A.E. Vervaele -- 25. Does the Community Legal Order Have the Power to Institute Sanctions? / Jacques Biancarelli -- 26. Summary of the Round Table “Community Investigative Procedures and Enforcement of Sanctions” / Anne Chemin -- 27. The Fair Trial Guarantees / Philippe Lafarge -- 28. The Fair Trial Guarantees: The Case Law of the European Court of Human Rights / Louis-Edmond Pettiti -- 29. Fair Trial Guarantees and Administrative Enforcement / Catherine Teitgen-Colly -- 30. Summary of the Round Table “The Fair Trial Guarantees” / Anne Chemin -- 31. Uniformity or Compatibility of the National Legal Systems: From Identical Rules to Guiding Principles / Marco Darmon -- 32. Uniformity or Compatibility of National Legal Systems: From Identical Rules to Guiding Principles / Mireille Delmas-Marty and Pierre Truche -- 33. The Action of the European Parliament To Protect Community Finances: The Harmonization of Criminal and Administrative Legislation and The Investigative Power of the European Parliament / Diemut Theato -- 34. The Action of the European Commission of the Community in Criminal Matters / Francesco de Angelis -- Index / Professor Mireille Delmas-Marty, Mark A. Summers, and Ginette Mongin.

Europe is caught between the extreme diversity of national systems and the increasing complexity of supranational institutions. Some fear the worst. They claim that diversity is linked to insecurity because, from one country to another, the sanction for the same crime varies considerably. Several years' experience has shown in cases of transborder crimes that the development of mutual assistance pacts improves the efficiency of the national systems. Beyond that, it seems inevitable that, at least in the area of frauds against Community financial interests, we will arrive at a system of Community penal and administrative sanctions to meet the demand of the European Parliament, on the condition that the sanctions respect the democratic principles of legality and an independent judiciary. Starting from the plurality of European legal sources (Community law, the Conventions of the Council of Europe, the Schengen Accords, the Conference on Security and Co-operation) and their underlying logic (national interests, European interests, security/protection of fundamental rights), this volume examines their impact on the subjects of the Maastricht Treaty. After describing practices of control and sanction, as well as procedures and guarantees, it tackles the ultimate question of common guiding principles. The bet being that, beyond the bottom line of current penal policy, it could be the design for - in the singular, no longer the plural - a criminal policy for the Europe of tomorrow.

English

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