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A Comparative Study for Building a Regional Cooperation of Criminal Justice : Integration and Harmonization of Criminal Justice in the EU 사진
A Comparative Study for Building a Regional Cooperation of Criminal Justice : Integration and Harmonization of Criminal Justice in the EU
  • LanguageKorean
  • Authors Hankyun Kim, Dongyiel Syn
  • ISBN978-89-7366-942-4
  • Date December 01, 2015
  • Hit396

Abstract

Over thousand years, the European Continent was a continuous battlefield. The Philosophers and thinkers hoped to produce peaceful resolutions, but nothing worked. The Second World War brought consciousness and consensus for a concrete legal unity. At last in 2009, the Lisbon Treaty came into force. The Treaty proposes single governance for European Union in all perspectives including criminal justice. It’s framework supports to establish a multi-level functional complex for the Union. Diplomatic and economic integration has been achieved under the Treaty. Territorial borders were wide opened since the Schengen agreement. Ideas and theories are all backing up the integration plan. According to a series of the treaties and conventions, member states should harmonize their criminal justice system in the integrated purpose. Some cases held in the European Court of Justice have confirmed the direction. Differences between market governance and criminal law cooperation, however, could not be counted. Theoretically true but practically wrong. The broad principles like the rule of law, strict liability, and mens rea etc. are common in the region. The specific problems have never been settled down though. The cross-border law enforcement could not be easy. The mutual recognition of supranational crimes is sometimes denied and refused by the member’s high courts. Systematical and cultural biases made hardness and difficulty to agree on the integration of universal criminality. In case of sensitive issues with respect to criminal sanction, there is no way to harmonize them. For instances, jurisdiction was one of them.

The integration of European criminal justice has been showing how bumpy and wild the process has been through. To unify various criminal law systems in the EU, we must understand the complicated decision-making process in the national legal schemes. The member states can be obliged to open their markets and level down it’s trade barrier under the treaties, but the matter of criminal justice is located in galaxy-distance. Since the Amsterdam Treaty, the EU paves way to build the EROJUST, EUROPOL, and other institutes for harmonization and integration of criminal justice. Nonetheless there is no European criminal law yet. Many treaties against international crimes, e.g.piracy, human trafficking, and cyber crime are mutually recognized. Within this framework, supranational investigations and sanctions could be facilitated. Politically, the integrated of European criminal law is rather pessimistic when it comes to the current terrorist activities and asylum seekers from Syria.

To prepare the integration of criminal justice in Far-East Asian region, we must learn the experience of European Union and consider all the historical, political, legal, cultural, and religious differences of the region at the first place.
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