EG : S sanktionsrätt : ett straffrättsligt perspektiv : [a criminal law perspective]

Detta är en avhandling från Uppsala : Acta Universitatis Upsaliensis

Sammanfattning: This is a thesis in criminal law that mainly deals with questions concerning EC law. This may appear a bit strange since the commonly accepted view is that the EC lacks competence in the field of criminal law. Whether the popular opinion is correct depends, however, on what you mean by words such as "criminal law" and "punishment". It is clear that EC law affects national criminal law in various ways and that the EC has competence with regard to certain administrative sanctions which are hard to distinguish from traditional punishment. This thesis is devoted to these supranational sanctions.When it is said that a sanction is supranational (or belongs to EC law) this means that EC authorities have legislative competence, i.e. competence to enact the rule in question.Examples of supranatinal sanctions are the fines that are imposed for infringements of the competition rules and sanctions such as exclusion from aid-schemes, reduction of aid etc. The latter types of sanctions are used above all within the CAP.The overarching purpose of the study is to analyse EC law sanctions from a criminal law perspective. This purpose can be stated more concreely in the following way:(1) to put the EC sanctions in context. The first task has therefore been to describe the structural connections between EC law, national criminal law and supranational sanctions.(2) to analyse and evaluate the supranational sanctions from a criminal law perspective.(3) to analyse the relationship between punishment and other types of (administrative) sanctions.

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