Zimmermann Criminal Liability of Political Decision-Makers

A Comparative Perspective
1. Auflage 2017
ISBN: 978-3-319-52051-3
Verlag: Springer International Publishing
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, 408 Seiten, eBook

This book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must – as a matter of principle – be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making.

Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction.

The individual contributions cover topics such as:

“bad” political decisions that result in a waste of taxpayers’ money

corruption and conflicts of interest in political decision-making

immunities and procedural obstacles to the effective prosecution of politicians

abuse of criminal law and criminal proceedings in the political arena

criminal liability for decisions taken in situations of state emergency 

the role of criminal law in public opinion.

Leading experts examine these and other issues from a comparative perspective.

Zielgruppe

Research

Autoren/Hrsg.

Zimmermann, Frank

Inhaltsverzeichnis

Part I – Comparative Case Study: Country Reports:
Introduction: Comparing the Criminal Liability of Political Decision Makers on the Basis of a Concrete Case
by Frank Zimmermann
.- The Case to Be Analysed
by FrankZimmermann
.- Belgium
by Wendy De Bondt
.- Finland
by Dan Helenius
.- France
by Guillaume Chetard
.- Germany
by Frank Zimmermann
.- Greece by
Willem Geelhoed
.- Norway
by Annika Suominen
.- Spain
by Manuel Maroto Calatayud
.-
Part II – Conclusions from the Country Reports & Further Thoughts on the Interplay of Criminal Law and Politics:
A Comparative Analysis of Criminal Laws Protecting Public Budgets – Can “Bad” Political Decisions Be Criminalised?
by Frank Zimmermann
.- Criminal Responsibility of Political Decision Makers and Bribery-Related Offences: a Brief Comparative Analysis of Some Prominent Aspects
by Manuel Maroto Calatayud
.- A Comparative Analysis of Special Sanctions Applicable to Political Decision Makers
by Dan Helenius
.- A Comparative Analysis of National Provisions Granting Immunity to Politicians
by Federica Iovene
.- Comparing Special Procedural Rules for the Prosecution of Politicians – A Blessing or a Curse?
by Annika Suominen
.- Corruption as Disloyalty?
by Gabriel Pérez Barberá
.- Political Decision-Making and the Phenomenon of Elite Corruption
by Bernd Heinrich
.- Ill-Motivated Criminal Proceedings as a Means in the Political Arena?
by Athina Giannakoula
.- Can Politicians Shield Themselves Against Criminal Liability By Means of Law Reform?
by NicolaRecchia
.- Criminal Liability of Political Decision Makers in Time of Crisis
by
Petter Asp.- Criminal Law and the Financial Crisis: The Proceedings against Iceland’s Former Prime Minister Geir H. Haarde
by Ragnheiður Bragadóttir
.- Prosecutorial Discretion in the Netherlands – An Advantage for Politicians?
byWillem Geelhoed.-
The Politics of Political Hate Speech in Belgium
by Wendy De Bondt
.- Criminal Liability for Accidents in France: Is Corporate Criminal Liability of Public Entities the Solution?
by Guillaume Chetard
.

Über Autor(innen)

Frank Zimmermann is a post-doctoral research fellow at the Ludwig-Maximilians-Universität München. His main fields of research are the relationship between criminal law and politics, German and European criminal law (particularly conflicts of criminal jurisdiction) as well as international cooperation in criminal matters.