Criminal and Quasi-criminal enforcement mechanisms in Europe:
Origins, Concepts, Future
Edited by Vanessa FRANSSEN and Christopher HARDING
Preface, by Katalin LIGETI
Introduction, by Vanessa FRANSSEN and Christopher HARDING
Part I. The origins of quasi-criminal enforcement mechanisms: A comparative journey throughout Europe
The Nordic perspective on quasi-criminal enforcement, by Raimo LAHTI
Quasi-criminal enforcement mechanisms in Swiss core, secondary and administrative law?, by Nadine
ZURKINDEN
Quasi-criminal enforcement mechanisms in Germany – Past and Present, by Dominik BRODOWSKI
The Central-European perspective on quasi-criminal enforcement, by Anna BŁACHNIO-PARZYCH
The interplay between criminal and quasi-criminal enforcement mechanisms in the UK context explored through the prism of ‘Market Abuse’: Current and Historical Perspectives, by Gary WILSON
and Sarah WILSON
Part II. Criminal, civil, administrative, what’s in a name? Disentangling concepts, selected topics A. General part of criminal law
How does quasi-criminal enforcement fit into the theory of criminal law and penal theory – What would Herbert Packer say?, by Christopher HARDING
Guilt as a distinguishing criterion?, by Ferry DE JONG
An empirical study of the limits of punishment based on the example of the Polish criminal justice system (2012-2014). Some remarks concerning the real meaning of the institution of punishment as a special means of repressive prevention, by Jadwiga KRÓLIKOWSKA and Jarosław UTRAT-MILECKI
National approaches to asset recovery: Different procedures and labels, similar content?, by Michele
SIMONATO and Johan BOUCHT
Corporate criminal and non-criminal fines, confiscation orders and other financial sanctions: Postmodern interchangeability of legal instruments?, by Marc ENGELHART
B. Special part of criminal law
Enforcement and human rights in the field of migration law: between return policies and ‘crimmigration’ processes, by Maria PICHOU
Criminal liability of managers for excessive risk-taking in systemically important institutions, by
Stanislaw TOSZA
Cartel offences: Quasi-criminal enforcement for criminal behaviour?, by Sophie DE SANCTIS
Part III. Toward a more coherent terminological framework in Europe?
The interplay between criminal and quasi-criminal enforcement mechanisms in Europe, by Vanessa
FRANSSEN
Two forms of smudge: An ECHR perspective on the blurring of boundaries between criminal and administrative law, by Katja ŠUGMAN STUBBS
The EU legislator’s balancing exercise between practical concerns and conceptual divisions , by Tamás
LUKÁCSI
Conclusion
Distinguishing criteria for criminal and quasi-criminal enforcement in an ideal European model?, by
Christopher HARDING and Vanessa FRANSSEN
