Übersetzung für "constitutional and criminal law branch " (Englisch → Deutsch) :

recognise that the creation of an area of freedom, security and justice based on mutual trust is not possible without a minimum of harmonisation of national legislation; with regard to substantive criminal law, Parliament agrees with the Council that priority should be given to the offences expressly referred to in the Constitutional Treaty; with regard to procedural law, the following subjects should have priority:

When for a given sector, the Commission considers that crimina law measures are required in order to ensure that Community law is fully effective, these measures may, depending on the needs of the sector in question, include the actual principle of resorting to criminal penalties, the definition of the offence - that is, the constituent element of the offence – and, where appropriate the nature and level of the criminal penalties applicable[7], or other aspects relating to criminal law. It is the specific requirement of the Community ...[+++]policy or freedom in question which constitutes the link with the legal basis of the EC Treaty which provides the justification for such measures.

7. However, the judgment makes it clear that criminal law as such does not constitute a Community policy, since Community action in criminal matters may be based only on implicit powers associated with a specific legal basis.

In some cases, however, it is necessary to direct the action of the Member States by specifying explicitly (i) the type of behaviour which constitutes a criminal offence and/or (ii) the type of penalties to be applied and/or (iii) other criminal-law measures appropriate to the area concerned.

A transfer may be made under the Convention only on the following conditions (Article 3): a) if that person is a national of the administering State; b) if the judgment is final; c) if, at the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or if the sentence is indeterminate; d) if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the two States considers it necessary, by the sentenced person's legal representative; e) if the acts or omissions on account of which the sentence has been imposed constitute a crimina ...[+++]l offence according to the law of the administering State or would constitute a criminal offence if committed on its territory; and f) if the sentencing and administering States agree to the transfer.

First of all, it is obvious that criminal law and criminal sanctions touch the liberty of citizens more closely than any other branch of the law and therefore, being absolutely certain that there is a valid constitutional basis for the use of criminal law is vital to liberty as a fundamental matter of the rule of law.