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