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Cambridge Companions are a series of authoritative guides, written by leading experts, offering lively, accessible introductions to major writers, artists, philosophers, topics, and periods.
Cambridge Companions are a series of authoritative guides, written by leading experts, offering lively, accessible introductions to major writers, artists, philosophers, topics, and periods.
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This chapter begins by addressing classic extradition, its historical roots and the key moments in its evolution, notably its permeation by fundamental rights after World War II, which has caused it to shift from a bilateral political arrangement to a ‘triangular’ (Eser) legal procedure where the individual concerned plays an active role. It assesses the main grounds for refusal – such as nationality, political offences and dual criminality –, and the variation into which they have developed within the European Union. The chapter then delves into the European Arrest Warrant, where proceedings have been fully judicialised and grounds for refusal considerably narrowed. The authors examine the question of whether (and to which extent) the European Arrest Warrant and the underlying principle of mutual recognition have brought about a radical change of paradigm, especially in the light of the (welcomed) ruling of the Court of Justice of the European Union in Aranyosi and Căldăraru. The conclusion anticipates the challenges that lie ahead and underscores the key role of the Court of Justice for the preservation of the whole European arrest warrant system.
European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book’s structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less-oriented readers to gain access to European Criminal Law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions that are both of the highest academic standards and accessibly readable.
This chapter explores the role of the European court system in establishing the foundations of European criminal law and influencing its subsequent development. It opens with an historical overview of the emergence of the various elements within the judicial system focusing on the Court of Justice of the EU (CJEU) and the European Court of Human Rights. Particular emphasis is placed in the discussion on the contribution of the CJEU to the field of EU criminal law as it evolved during the Union’s formative years. Through its case law, the Court acted at various times as ‘the motor of European integration’ and the arbitrator of disputes over EU competence and the primacy of EU law. The chapter then moves to the contemporary setting of judicial engagement with the principle of mutual recognition by exploring the implications of certain judgments on the European Arrest Warrant. Consideration is given in this discussion to the increasing and progressive emphasis within the jurisprudence on the essential role of the European court system in ensuring due process and safeguarding fundamental rights.
European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book’s structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less-oriented readers to gain access to European Criminal Law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions that are both of the highest academic standards and accessibly readable.
Writing about serialism by its earliest practitioners tended to underline its evolutionary qualities, something made easier by the baroque and classical connections of early examples from the 1920s like Schoenberg’s Suite for Piano op. 25 and Wind Quintet op. 26. Such an emphasis did not prevent more conservative critics from condemning twelve-tone music as ‘mathematical’. But by the early 1950s, there was more cogent criticism from younger composers, claiming that Schoenberg and Berg had failed to understand the innovative implications of twelve-tone methods. Boulez and Stockhausen in Europe and Babbitt in the United States were among those who explored a more systematic, stylistically radical serialism. But in the later Stravinsky, and in Boulez’s music after 1970, this avant-garde spirit gave way to techniques that were able to make productive compromises with more traditional ideas about musical materials and structures; at the same time, writing about serialism turned increasingly pedagogical, offering academic models for analysis and composition.
This chapter considers the history of serialism in the United States and Canada. After exploring US-based ultramodern composers that used series in their writing and early engagement with Schoenberg’s methods, this chapter contemplates the contexts for the significantly increased interest in serialism that occurred in these countries after the Second World War. Many factors were at play in this development, including the role of serialist giants who arrived as émigrés from Europe as teachers and role models, the influence of US-originating modernist movements, the changing university scene, and the cultural politics of the Cold War. While European serialist exiles like Schoenberg and Krenek were highly influential, this influence was not always direct. Moreover, while US composers using highly systematic approaches have drawn most attention, the majority of Americans and Canadians using serial methods combined them with other musical techniques to produce highly original, individualistic musical languages.
In 1999, the Tampere European Council agreed that a Unit called Eurojust should be set up to reinforce the fight against serious organised crime. Following that statement, and after a brief period working as a provisional judicial cooperation unit, Eurojust was definitively established through a Council Decision in 2002 as a Union body with legal personality. The Lisbon Treaty called for a strengthened role of Eurojust, which has led to the adoption of Regulation (EU) 2018/1727 on the European Union Agency for Criminal Justice Cooperation. This new legal framework for Eurojust and its national members, applicable from 12 December 2019, has adapted the agency structure to the post-Lisbon scenario, introducing new features and enhancements that must be regarded as positive from the European dimension perspective. It also considers the judicial nature of their operational functions and the need to improve mutual trust between judicial authorities, strengthening the primacy of the rule of law within the Area of Freedom, Security, and Justice. More than twenty years after the first mentioning of Eurojust at the Tampere summit, and when the new Eurojust Regulation is already in force, this chapter combines both academic and operational approaches to offer the reader an updated, comprehensive view of the mission, added value, and extensive possibilities offered by this unique European Union agency.
European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book’s structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less-oriented readers to gain access to European Criminal Law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions that are both of the highest academic standards and accessibly readable.
European Criminal Law in fact includes EU Law, influenced by European institutions and stemming from Member States agreements. At the same time, it is Council-of-Europe–inspired Law be it through minimum guarantees by the ECHR or through the European Court of Human Rights’ (ECtHR) influence on national criminal laws and procedures. Yet, one searches in vain for a European Criminal Code. Against the rumor that in consequence, European Criminal Law as such does not exist, the first chapter seeks to put up the umbrella and discuss and reveal sources and resources of current European Criminal Law and the intersections of EU Law on the one side and Council-of-Europe–inspired Law on the other side. That will in the end offer a panoramic view constituting European Criminal Law as the sum of European Union law imposing sanctions applicable in all Member States together with (Europeanised) national criminal law influenced by European law and Council-of-Europe inspired and set against European institutions and instruments that aim at ensuring effective criminal prosecution.
It was inevitable that Igor Stravinsky would experiment with serialism, given his penchant for interval-based composition, even making a comment to Milton Babbitt that he had always composed with intervals. Stravinsky’s intrigue with intervallic patterns is significant in some of his earlier works – particularly the motivic networks supporting the narratives of Firebird (1910) and Perséphone (1934). In fact, examining the interval ordering in the motives from these works, Stravinsky, perhaps unwittingly, retains the exact order of intervals while producing twelve different pitch classes. In retrospect, this seems to have foreshadowed the development of his own brand of serialism in his later years, beginning with Cantata in 1952, and maturing over the fourteen years through works such as Septet, In Memoriam Dylan Thomas, Canticum Sacrum, Threni, Agon, Movements for Piano and Orchestra, A Sermon, a Narrative, and a Prayer, Variations: Aldous Huxley in memoriam, Abraham and Isaac, Elegy for J.F.K., Introitus: T.S. Eliot in memoriam, and his last major work, Requiem Canticles, in 1966.
Entering into Anton Webern’s twelve-tone music and its complex reception history is like entering into a combat with the Hydra: cleave off one head of the Webern myth, and two more grow in its place. Taking a step back from the embattled scenes of the past in search of a broader vantage point, this chapter argues that the crux in understanding late Webern lies in understanding that the competing, often contradictory images of the composer that have emerged pose no real contradictions after all. Instead, in the same way that the Hydra’s separate heads are essentially connected entities, these different images are best understood as mediated with one another on a deeper level, representing different aspects of one and the same aesthetic concern: musical lyricism.
Art. 325 TFEU aims to establish an effective and standardised protection of the European Union’s financial interests across all Member States, and in all of the EU’s institutions and bodies. This regime is underpinned by two key principles: assimilation and minimum protection. They require the Member States to take the same measures to counter fraud affecting the financial interests of the EU as they take to counter fraud affecting their own financial interests and to prevent and combat EU-fraud and other financial misconduct with effective, proportionate and dissuasive measures. National provision that is incompatible with this so-called ‘minimum trias’ is neutralized and rendered inapplicable. Moreover, the EU is empowered to adopt the necessary measures for the prevention of and fight against EU fraud. Arguably, this includes the right to enact legislation in the area of criminal law, to harmonise the respective national criminal laws of the Member States, and even to introduce directly applicable European criminal provisions. And yet, despite these sweeping powers, the EU has thus far proven reluctant to use them. Instead, it has generally opted for a restrictive interpretation of its anti-fraud competencies.