CHAPTER I. INTRODUCTION - ASBJORN STRANDBAKKEN = 1
CHAPTER II. PERSPECTIVES OF THE HARMONIZATION OF CRIMINAL LAW AND CRIMINAL PROCEDURE IN THE EUROPEAN UNION - WALTER PERRON = 5
1. The Development of European Criminal Law and Procedure = 5
2. Present State of Harmonization = 12 3. Evaluation and Outlook = 17
CHAPTER III. MUTUAL RECOGNITION AND THE DEVELOPMENT OF CRIMINAL LAW COOPERATION WITHIN THE EU - PETTER ASP = 23
1. Introduction = 23
2. What Has Been Done? = 24
3. Perspectives on Mutual Recognition = 28
4. Evaluation and Prospects for the Future = 33
5. Preliminary Rulings from the European Court of Justice = 36
CHAPTER IV. CHANGES IN CRIMINAL LAW AND COOPERATION THROUGH, IN PARTICULAR, THE SCHENGEN AGREEMENT AND EUROPOL: POSSIBILITIES, PROBLEMS AND INFLUENCE IN STATES OUTSIDE THE EUROPEAN UNION = 41
GUNTER HEINE = 41
1. Introduction = 41
2. Inventory: General Features and the Specific Situation of Switzerland = 42
3. Consequences, Critical Points and Balance = 48
CHAPTER V. THE IMPLEMENTATION OF NEW RULES ON TERRORISM THROUGH THE PILLARS OF THE EUROPEAN UNION - ERLING JOHANNES HUSABO = 53
1. Introduction = 53
2. The Security Council Resolution 1373 = 54
3. A Cross-Pillar Action by the European Union = 55
4. The Framework Decision on Combating Terrorism = 57
5. The Blacklisting of Terrorists and Terrorist Organizations = 64
6. Some General Features = 73
7. Pressure on Basic Principles = 75
CHAPTER VI. HARMONIZATION OF CRIMINAL SANCTIONS IN THE EUROPEAN UNION CRIMINAL LAW SCIENCE FICTION - KIMMO NUOTIO = 79
1. Harmonization of Criminal Sanctions = 79
2. Example: Penalties as Concerns Corruption in the Private Sector = 80
3. Effective, Proportionate and Dissuasive = 81
4. Fundamental Rights in a Similar Spirit = 85
5. Fundamental Rights within the EU and the Law on Penalties = 86
6. Sanctions and the EC law = 88
7. The Green Paper = 90
8. Problematic Assumptions = 91
9. Towards the Hague (Tampere II) Agenda = 94
10. Harmonization of Penalties as Regarded in Scholarly Research = 96
11. Slow Food? = 101
CHAPTER VII. THE PROPOSAL TO ESTABLISH A EUROPEAN PROSECUTOR - HENNING RADTKE = 103
1. Introduction = 103
2. The European Public Prosecutor According to the Model of the European Commission = 104
3. About the Necessity for a European Prosecution Service = 109
4. Criticism of the Green Papers Model of the European Prosecution Service = 113
5. Summary = 118
CHAPTER VIII. NEW EU COMPETITION RULES IN A CRIMINAL LEGAL CONTEXT - THOMAS ELHOLM = 119
1. Introduction = 119
2. The Concept of Penalty in Regulation 1/2003 . = 121
3. Burden of Proof = 121
4. Self-Incrimination = 124
5. Search and Inspections = 138
6. The Distribution of Powers between the Commission and the Member States = 144
7. Conclusion and Outlook = 144
CHAPTER IX. MAINTAINING HUMAN RIGHTS IN THE PROCESS OF HARMONIZING EUROPEAN CRIMINAL LAW - HEIKE JUNG = 147
1. Introduction = 147
2. Where Do We Stand? = 148
3. What Criminal Lawyers Should Be Concerned About? = 149
4. In Whom and What Should We Trust? = 150
5. Strategic Considerations = 155
6. What Counts? = 156
CHAPTER II. PERSPECTIVES OF THE HARMONIZATION OF CRIMINAL LAW AND CRIMINAL PROCEDURE IN THE EUROPEAN UNION - WALTER PERRON = 5
1. The Development of European Criminal Law and Procedure = 5
2. Present State of Harmonization = 12 3. Evaluation and Outlook = 17
CHAPTER III. MUTUAL RECOGNITION AND THE DEVELOPMENT OF CRIMINAL LAW COOPERATION WITHIN THE EU - PETTER ASP = 23
1. Introduction = 23
2. What Has Been Done? = 24
3. Perspectives on Mutual Recognition = 28
4. Evaluation and Prospects for the Future = 33
5. Preliminary Rulings from the European Court of Justice = 36
CHAPTER IV. CHANGES IN CRIMINAL LAW AND COOPERATION THROUGH, IN PARTICULAR, THE SCHENGEN AGREEMENT AND EUROPOL: POSSIBILITIES, PROBLEMS AND INFLUENCE IN STATES OUTSIDE THE EUROPEAN UNION = 41
GUNTER HEINE = 41
1. Introduction = 41
2. Inventory: General Features and the Specific Situation of Switzerland = 42
3. Consequences, Critical Points and Balance = 48
CHAPTER V. THE IMPLEMENTATION OF NEW RULES ON TERRORISM THROUGH THE PILLARS OF THE EUROPEAN UNION - ERLING JOHANNES HUSABO = 53
1. Introduction = 53
2. The Security Council Resolution 1373 = 54
3. A Cross-Pillar Action by the European Union = 55
4. The Framework Decision on Combating Terrorism = 57
5. The Blacklisting of Terrorists and Terrorist Organizations = 64
6. Some General Features = 73
7. Pressure on Basic Principles = 75
CHAPTER VI. HARMONIZATION OF CRIMINAL SANCTIONS IN THE EUROPEAN UNION CRIMINAL LAW SCIENCE FICTION - KIMMO NUOTIO = 79
1. Harmonization of Criminal Sanctions = 79
2. Example: Penalties as Concerns Corruption in the Private Sector = 80
3. Effective, Proportionate and Dissuasive = 81
4. Fundamental Rights in a Similar Spirit = 85
5. Fundamental Rights within the EU and the Law on Penalties = 86
6. Sanctions and the EC law = 88
7. The Green Paper = 90
8. Problematic Assumptions = 91
9. Towards the Hague (Tampere II) Agenda = 94
10. Harmonization of Penalties as Regarded in Scholarly Research = 96
11. Slow Food? = 101
CHAPTER VII. THE PROPOSAL TO ESTABLISH A EUROPEAN PROSECUTOR - HENNING RADTKE = 103
1. Introduction = 103
2. The European Public Prosecutor According to the Model of the European Commission = 104
3. About the Necessity for a European Prosecution Service = 109
4. Criticism of the Green Papers Model of the European Prosecution Service = 113
5. Summary = 118
CHAPTER VIII. NEW EU COMPETITION RULES IN A CRIMINAL LEGAL CONTEXT - THOMAS ELHOLM = 119
1. Introduction = 119
2. The Concept of Penalty in Regulation 1/2003 . = 121
3. Burden of Proof = 121
4. Self-Incrimination = 124
5. Search and Inspections = 138
6. The Distribution of Powers between the Commission and the Member States = 144
7. Conclusion and Outlook = 144
CHAPTER IX. MAINTAINING HUMAN RIGHTS IN THE PROCESS OF HARMONIZING EUROPEAN CRIMINAL LAW - HEIKE JUNG = 147
1. Introduction = 147
2. Where Do We Stand? = 148
3. What Criminal Lawyers Should Be Concerned About? = 149
4. In Whom and What Should We Trust? = 150
5. Strategic Considerations = 155
6. What Counts? = 156