Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Standard

Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation. / Vestergaard, Jørn.

EU counter-terrorism offences: What impact on national legislation and case-law?. ed. / Anne Weyembergh; Francesca Galli. Bruxelles : Les Éditions de l'Université de Bruxelles, 2012. p. 167-194 (Etudes européennes).

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Harvard

Vestergaard, J 2012, Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation. in A Weyembergh & F Galli (eds), EU counter-terrorism offences: What impact on national legislation and case-law?. Les Éditions de l'Université de Bruxelles, Bruxelles, Etudes européennes, pp. 167-194.

APA

Vestergaard, J. (2012). Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation. In A. Weyembergh, & F. Galli (Eds.), EU counter-terrorism offences: What impact on national legislation and case-law? (pp. 167-194). Les Éditions de l'Université de Bruxelles. Etudes européennes

Vancouver

Vestergaard J. Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation. In Weyembergh A, Galli F, editors, EU counter-terrorism offences: What impact on national legislation and case-law?. Bruxelles: Les Éditions de l'Université de Bruxelles. 2012. p. 167-194. (Etudes européennes).

Author

Vestergaard, Jørn. / Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation. EU counter-terrorism offences: What impact on national legislation and case-law?. editor / Anne Weyembergh ; Francesca Galli. Bruxelles : Les Éditions de l'Université de Bruxelles, 2012. pp. 167-194 (Etudes européennes).

Bibtex

@inbook{687e57427c9f4f609aebabd2f86da4d1,

title = "Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation",

abstract = "The article focuses on the compatibility of criminal law anti-terrorism legislation in Danish law with basic principles regarding the rule of law and due process. The so-called anti-terror-packages of 2002 and 2006 involve a set of rather uncertain and wide-reaching provisions fundamentally challenging the principle of legality and substantially widening of the scope of criminal law. These provisions criminalize various activities more or less remote from actual or attempted terrorist acts and participation in such activities, too. The legislature has even over-implemented vari-ous legal instruments binding on Denmark by virtue of EU law or international obligations. And the statutes have been drafted in a somewhat loose manner without sufficiently thorough legislative preparations. The provisions in the Penal Code constitute an anchorage point for all other anti-terrorism legislation. Thus, the challenges regarding rule of law and due process also relate to secondary legislation in fields like law enforcement, criminal procedure, intelligence, public law, treatment of foreigners, etc. ",

keywords = "Faculty of Law, criminal law; European criminal law; EU law",

author = "J{\o}rn Vestergaard",

year = "2012",

language = "English",

isbn = "978-2-8004-1527-7",

series = "Etudes europ{\'e}ennes",

pages = "167--194",

editor = "Anne Weyembergh and Francesca Galli",

booktitle = "EU counter-terrorism offences",

publisher = "Les {\'E}ditions de l'Universit{\'e} de Bruxelles",

}

RIS

TY - CHAP

T1 - Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation

AU - Vestergaard, Jørn

PY - 2012

Y1 - 2012

N2 - The article focuses on the compatibility of criminal law anti-terrorism legislation in Danish law with basic principles regarding the rule of law and due process. The so-called anti-terror-packages of 2002 and 2006 involve a set of rather uncertain and wide-reaching provisions fundamentally challenging the principle of legality and substantially widening of the scope of criminal law. These provisions criminalize various activities more or less remote from actual or attempted terrorist acts and participation in such activities, too. The legislature has even over-implemented vari-ous legal instruments binding on Denmark by virtue of EU law or international obligations. And the statutes have been drafted in a somewhat loose manner without sufficiently thorough legislative preparations. The provisions in the Penal Code constitute an anchorage point for all other anti-terrorism legislation. Thus, the challenges regarding rule of law and due process also relate to secondary legislation in fields like law enforcement, criminal procedure, intelligence, public law, treatment of foreigners, etc.

AB - The article focuses on the compatibility of criminal law anti-terrorism legislation in Danish law with basic principles regarding the rule of law and due process. The so-called anti-terror-packages of 2002 and 2006 involve a set of rather uncertain and wide-reaching provisions fundamentally challenging the principle of legality and substantially widening of the scope of criminal law. These provisions criminalize various activities more or less remote from actual or attempted terrorist acts and participation in such activities, too. The legislature has even over-implemented vari-ous legal instruments binding on Denmark by virtue of EU law or international obligations. And the statutes have been drafted in a somewhat loose manner without sufficiently thorough legislative preparations. The provisions in the Penal Code constitute an anchorage point for all other anti-terrorism legislation. Thus, the challenges regarding rule of law and due process also relate to secondary legislation in fields like law enforcement, criminal procedure, intelligence, public law, treatment of foreigners, etc.

KW - Faculty of Law

KW - criminal law; European criminal law; EU law

M3 - Book chapter

SN - 978-2-8004-1527-7

T3 - Etudes européennes

SP - 167

EP - 194

BT - EU counter-terrorism offences

A2 - Weyembergh, Anne

A2 - Galli, Francesca

PB - Les Éditions de l'Université de Bruxelles

CY - Bruxelles

ER -

ID: 40238670