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Content archived on 2024-05-29

Criminal Law and Sovereignty: Dual Criminality - An Anachronism?


International criminal cases are a challenge to all jurisdictions. The overall concern today is that differences in substantive law may hamper extraterritorial jurisdiction or co-operation in criminal matters in view of the dual criminality requirement. However, the topic of dual criminality and related hypotheses requires research in order to answer the pressing question of whether abolishing this requirement would indeed satisfy expectations with regard to facilitating extraterritorial jurisdiction and international co-operation. Additional research is also necessary to examine the consequences and to point out possible problems associated with doing away with the dual criminality requirement.

The research project focuses on the fundamental idea of an "intercultural criminal law". In order to evaluate the extent to which criminal law might effectively be or become intercultural, this research project will use a multidisciplinary approach and a comparative analysis of various legal systems will be undertaken. As the relationship between punitive power and national sovereignty is also based on the assumption that criminal law has national and cultural roots and is part of the identity of a nation, its society and culture, the extent to which criminal law may be or may become intercultural must be examined, and criminal law's function with regard to norm assertion and social control must be taken into account.

A criminal law monograph such as foreseen by this project does not exist, even though a thorough discussion of the subject would be extremely useful in the shaping of legal and criminal policy within the European Union as well as in relation to its neighbouring States. The Marie Curie Fellowship would facilitate this research project - the habilitation project of the applicant - and allow her to get a professorship as well as to conduct a scientific career on a European level.

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