< Back to previous page
Project
Criminal law under normative review: from the ultima ratio principle to its global dimension (OZRSAB13)
Building on my considerable expertise in international and European criminal law and the insightful research done by the FRC team over time, my Sabbatical Leave aims to:
- Firstly, identify relatively new normative questions about the ultima ratio principle and its intersection with the increasing enforcement of fundamental rights through criminal law (also known as the ‘positive obligation doctrine), the globalization process, and the EU agenda about transnational crimes. In this way, I will also reconsider the crisis of overcriminalisation that several scholars have recently investigated and have expressed concerns over. The research outcomes will result in four articles, to be published in peer- reviewed journals;
- Secondly, to see criminal law in the context of globalisation and guide criminal scholars and students through key topics and ideas on crime in a global area, while adding a legal framework of analysis which is currently lacking in the literature. I will Prepare a book entitled ‘The Globalisation of Criminal Law. Its Necessity and Limits’ and have a fresh look at the way we look at criminal law. In doing so, I will bring forward new developments, actors (often of a private or international nature), and principles of criminalisation shaped on the interconnected world we live in.
Simultaneously, I also plan to 1) boost the PhD supervision of Carlotta Rigotti, whose work partially overlaps with my proposed research; 2) set up new research collaboration across Europe; 3) strengthening the intellectual and material resources of the FRC (fundamental rights) team, of which I am a director, a position that I had to take up next to my directorship of the LSTS (technology). Now that I stepped back from the latter as a director, I can devote more energy on leading FRC.
- Firstly, identify relatively new normative questions about the ultima ratio principle and its intersection with the increasing enforcement of fundamental rights through criminal law (also known as the ‘positive obligation doctrine), the globalization process, and the EU agenda about transnational crimes. In this way, I will also reconsider the crisis of overcriminalisation that several scholars have recently investigated and have expressed concerns over. The research outcomes will result in four articles, to be published in peer- reviewed journals;
- Secondly, to see criminal law in the context of globalisation and guide criminal scholars and students through key topics and ideas on crime in a global area, while adding a legal framework of analysis which is currently lacking in the literature. I will Prepare a book entitled ‘The Globalisation of Criminal Law. Its Necessity and Limits’ and have a fresh look at the way we look at criminal law. In doing so, I will bring forward new developments, actors (often of a private or international nature), and principles of criminalisation shaped on the interconnected world we live in.
Simultaneously, I also plan to 1) boost the PhD supervision of Carlotta Rigotti, whose work partially overlaps with my proposed research; 2) set up new research collaboration across Europe; 3) strengthening the intellectual and material resources of the FRC (fundamental rights) team, of which I am a director, a position that I had to take up next to my directorship of the LSTS (technology). Now that I stepped back from the latter as a director, I can devote more energy on leading FRC.
Date:1 Nov 2022 → 31 Oct 2023
Keywords:Criminal law, Legal theory, International criminal law, European criminal law, Fundamental Rights, Globalisation
Disciplines:Criminal law, European law, Legal theory, jurisprudence and legal interpretation, Philosophy of law