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 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.

As one of the inventors of the twelve-tone technique and the first well-known composer of twelve-tone music, it makes eminent sense that Arnold Schoenberg would be understood by scholars and musicians as a traditionalist. This chapter explores an important, but often neglected, way Schoenberg preserved tradition in his serial music: through the use of a ‘musical idea’ that involves the introduction and elaboration of a problem and its eventual solution. The chapter presents two analyses: of the Prelude op. 25 and the Piano Piece op. 33a. Both pieces illustrate problems and elaborations that stem from the differences between a symmetrical pitch-class or interval pattern (presented or implied at the beginning) and various close or distant approximations of it. The symmetrical pattern is then reasserted at or near the end, and the approximations are connected to it in significant ways, as a solution.

Alban Berg’s serial works (c. 1925–35) show his ability to use the twelve-tone method of composition as a form of exegesis for his personal, intellectual, and musical heritage in musical narratives suffused with apparent contradictions. In so doing, Berg combined what has been understood as antithetical ideas in an overarching system that brings together his modernistic aesthetics and the art of the past through textures in which twelve-tone serialism and tonality are interwoven. Problematising scholarship that attempts to understand Berg’s music based on Schoenberg’s compositional models, I argue that Berg followed the lead of Fritz Heinrich Klein and Theodor Adorno and embraced contradiction as a ‘category of thought’ in his compositional process. Berg’s approach is evident from the construction of the series to compositions such as the Violin Concerto (1935), which contains a web of musical and extra-musical significations that continues to challenge existing analytical models.

European Union criminal law as we know it is a product of intensive legal development on both legislative and judicial levels, accompanied by significant changes in the Treaty framework. In this chapter, we will discuss the emergence and nature of harmonisation efforts with an emphasis on especially substantive criminal law. Our claim is that whereas during the Amsterdam era, harmonisation of substantive criminal law was mainly regarded a competence issue, since entering of the Lisbon Treaty together with strengthening of the role of the fundamental rights and human rights in the law of the European Union, the debates concerning European criminal law take place mainly on the level of adjudication. Harmonisation relates not only to the cornerstone principle of mutual recognition but has a link as well to the debates on increased supranationalism as expressed by ‘Taricco saga’ and the establishment of the European Public Prosecutor’s Office.

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.

Chapter 9 is titled ‘Other Areas’. Hence, it examines the Unions competence to require Member States (‘MS’) to harmonize substantive criminal law in certain areas, in particular its competence to require MS to set out criminal law offences and penalties in ‘further areas’, besides the cross-border crimes covered by Article 83(1) TFEU and the PIF Directive. We focus on Article 83(2) TFEU and divide the chapter into four parts. The first part traces the development of the EUs competence in the further areas of substantive criminal law prior and after the Treaty of Lisbons entry into force. The second part provides an overview of further harmonized areas, with a special focus on the areas of environmental protection, market abuse and protection of the financial sector, migration and employer sanctions as well as discrimination and hate speech. The third part looks at possible future areas of harmonization, while the fourth part concludes the chapter by discussing bits and pieces of a general part of substantive criminal law found in the existing harmonization measures at the EU level.

The chapter starts with an account of the rather hesitant and belated reception of twelve-tone technique in Western Europe, as exemplified by the situation in Italy, Belgium, and the United Kingdom. This is followed by an overview of the origins of European multiple serialism extending beyond Webern and Messiaen. The chapter shows above all that European serialism should not be restricted to its main protagonists such as Boulez, Nono, or Stockhausen. The music historical narrative of this important development in the period 1950–75 is in want of a more diverse view. Consequently, this chapter focuses on lesser-known composers of serial music such as Jean Barraqué, Michel Fano, Gilbert Amy, Karel Goeyvaerts, Herman Van San, Henri Pousseur, Bruno Maderna, Gottfried Michael Koenig, Bill Hopkins, and Bo Nilsson. The perspective is not merely broadened by introducing other composers who wrote aesthetically appealing works, but more importantly, presented other interpretations of what constitutes multiple serialism.

The concept of serialism appears conspicuously in the academic literature on twentieth-century music in technical, theoretical, and philosophical contexts. These various contexts, expressed over the course of much of the twentieth century, expose differing connotations of the serial concept. Part I of this chapter explores the serial concept before 1945, reflecting on the multi-dimensional origins of the concept in Arnold Schoenberg’s earliest serial compositions and the significance of Olivier Messiaen’s distinctive serial conceptions prior to the Second World War. Part II explores the serial movement in Europe after 1945, the prominent roles of the journal Die Reihe and the Darmstadt New Music Courses, and the contrasting approaches and attitudes to serialism in the United States after 1945. Tensions between rupture and continuity on both sides of the Atlantic and divergent priorities in discourse about new music demonstrate that theorising serialism entails an understanding of its dynamic disposition, instability, and impermanence.

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.

The chapter focuses on the interaction between European law and national criminal legislation, analysed in the light of the fundamental principles underpinning their relationship, especially the principle of primacy and the duty of loyal cooperation. After distinguishing between direct and indirect effects, paragraph 2 turns to the principle of primacy of EU Law. This cornerstone concept of Union Law affects domestic legislation in so far as it ‘neutralizes’ incompatible domestic criminal law through interpretation and disapplication of inconsistent provisions. This principle develops into a duty of loyalty for Member States (para. 3) which are thus bound to respect and enforce the rules and laws of the EU so as to secure the full and effective implementation of European criminal law in accordance with Art. 4 (3) TEU. Paragraph 4 examines how EU law penetrates the national legal systems of the Member States, focusing on the role of national judges that let European Law enter into the realm of national legal orders. This power represents the most relevant and disruptive manifestation of the ‘internal’ criminal effects of EU law. Selected case law will further demonstrate how EU law applies to and influences domestic criminal legal systems.

The decade of the 1950s witnessed a great transformation in the compositional practice of Pierre Boulez. The usual narratives of serialism during this decade have tended to dwell on Boulez’s experiments with multiple serialism in Structure Ia (1951), which were tremendously short lived. His desire to expand the serial principle, however, did not end with them. Ensuing works, like Le Marteau sans maître (1952–5), Pli selon pli (1957–62/89), and the Third Piano Sonata (1955–7/63), which brought Boulez to the pinnacle of his reputation within the European circle of composers, are those that truly redefined serialism. Through this redefinition, serialism remained an important element of Boulez’s compositional technique until the end of his career. This chapter shows that Boulez’s serialism was an essential forerunner of future trends, rather than a culmination of an abandoned practice, resulting in works and approaches that opened up new avenues for composition.