24 Feb 2023

119

European Criminal Justice in a Global Context

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Academic level: University

Paper type: Essay (Any Type)

Words: 852

Pages: 3

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Introduction 

European Criminal Justice focuses on addressing various aspects concerning the criminal policies and shared values in a global context. Addressing the common criminal policies and other shares values help to fit the global context of criminal justice. When dealing with European criminal justice, it necessary to focus on the achievements that may have been achieved during the integration processes and addressing the challenges that may hinder the effectiveness of the process. The key aspects that are crucial in the process of analyzing the European criminal justice from a global perspective include freedom, security, and justice, which are crucial elements in European criminal law. The report will focus on evaluating how European Criminal Justice fits in the global context by addressing all the important elements of criminal law.

Sovereignty and Interdependence 

The underlying values, policies, and principles of European criminal justice relate to crucial elements of a political context. Sovereignty and Interdependence are crucial aspects in the political and global context, considering they help ion determining the effectiveness of political authority in a given country based on the activities and functions that can be controlled (Kettunen, 2020, P.247). In that case, sovereignty and interdependence are significant elements when analyzing European criminal justice. National sovereignty is an important element in the criminal justice system (Mitsilegas, 2015, P.477). Sovereignty and independence help the European criminal justices to fit in the global context, considering that the majority of countries in the world rely on European and international cooperation to strengthen their national sovereignty. Additionally, increased rates of globalization impact national sovereignty, considering the implications of globalization on political trends (Mitsilegas, 2015, P.3). Considering that European criminal justice focuses on shared values, it is possible to fit the global context considering the shared criminal policies.

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Functional Territoriality and Criminal Justice 

The criminal justice system has always been part of the basic transformation between territoriality and authority. European criminal justice is intertwined with the practical authority in Europe (Pakes, 2019, p.77). The intertwining of the criminal justice system and authority contribute to different implications on criminal law. The implications include suppression of treaties, which is crucial in the court of human rights. The integration process in the European communities plays a significant role in enhancing criminal justice, thereby enhancing the ability to fit the global context of criminal law. The European Union creates a major impact on economic policies implemented, which helps in promoting a positive impact on the criminal justice system on a domestic and global level (Farinpour, 2016, p.282). It is important to note that European criminal justice capitalizes on functional territoriality to promote criminal justice on the global and domestic levels.

Supranationalism and Common Values 

European criminal justice is enhanced by the compatibility of the constitutional standards and values defined within a given country (Vogler, 2017, p.33). The uniformity of the policies and standards helps in the implementation of appropriate measures that help towards the achievement of a common goal. Considering that European Union supports the aspect of Supranationalism, where countries form an alliance that is based on political or economic issues, it leads to the achievement of a common goal that impacts various elements such as the criminal justice system. Based on the issue of Supranationalism and shared values, the European criminal justice capitalizes on addressing different policies that help in fitting in the global perspective (Pickering and Ham, 2017, p.19). The policies addressed in this case include harmonizing criminal law and procedures, judicial cooperation, and the establishment of an enforcement agency that has the ability to deal with different issues concerning criminal law.

European Criminal Justice Policies 

The policies associated with the European criminal justice that enhances the ability to fit in the global context include harmonization of the criminal procedure and enhancing judicial cooperation and mutual recognition (Henham, 2017, p.55). The implementation of the policies, which are based on the common criminal policies in different countries, helps in enhancing the effectiveness of the European criminal justice and enhances the ability to perform on a domestic and global level. However, there are challenges and risks, which are associated with the implementation of the policies by the European Criminal justice (Aebi, Delgrande, and Marguet, 2015, p.580). The risks and challenges are attributed to the fact that criminal justice in a global context requires to address factors that affect international criminal justice systems. The challenges in the global context of criminal justice involve conflict that arises with the implementation of strategies to harmonize criminal procedures and substantive criminal law (Roberts and McMillan, 2017, p.22).

Personal Opinion 

The criminal justice system is a significant aspect that impacts the political and economic welfare of a country. I believe that European criminal justice has played a significant role in the areas of freedom, justice, and security in different countries. In that case, I believe that through the efforts to maintain peace and the measures to assist in political and economic growth helps in fitting in the global level of criminal justice. Considering that European criminal justice focuses not only on the harmonization of domestic criminal justice but also on the shared values and common criminal polices, I believe it fits the international context of criminal law.

Bibliography

Aebi, M.F., Delgrande, N. and Marguet, Y., 2015. Have community sanctions, and measures widened the net of the European criminal justice systems?. Punishment & Society 17 (5), pp.575-597.

Farinpour, R., 2016, September. The evolving face of European criminal justice in an ever-changing world. In  ERA Forum  (Vol. 17, No. 3, pp. 279-286). Springer Berlin Heidelberg.

Henham, R., 2017.  Punishment and process in international criminal trials . Routledge.

Kettunen, M., 2020. Conclusions: European Criminal Law—Justification and Restrictions. In  Legitimizing European Criminal Law  (pp. 245-251). Springer, Cham.

Mitsilegas, V., 2015. New Voices in European Criminal Law.  New J. Eur. Crim. L. 6 , p.3.

Mitsilegas, V., 2015. The Symbiotic Relationship between Mutual Trust and Fundamental Rights in Europe's Area of Criminal Justice.  New Journal of European Criminal Law 6 (4), pp.457-480.

Pakes, F., 2019.  Comparative criminal justice . Routledge.

Pickering, S., and Ham, J. eds., 2017. The Routledge handbook on crime and international migration . Routledge.

Roberts, P., and McMillan, N., 2017. For criminology in international criminal justice. The Criminology of War  (pp. 3-26). Routledge.

Vogler, R., 2017.  A world view of criminal justice . Routledge.

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StudyBounty. (2023, September 16). European Criminal Justice in a Global Context.
https://studybounty.com/european-criminal-justice-in-a-global-context-essay

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