'Rechtsstaat' and European criminal law – From the end of sovereignty. Issue 1 (March 2021)

• Record Type: Journal Article
• Authors: Braum, Stefan
• Is Part Of: New journal of European criminal law. Volume 12:Issue 1(2021)
• Page Start: 14
• Page End: 22
• Publication Date: 2021-03
• Subjects: Rule of law -- sovereignty -- judicial control -- European criminal law -- digitisation; Criminal law -- Europe -- Periodicals; Criminal law -- Europe -- Cases; 345.4
• DOI: 10.1177/2032284420973088
• Languages: English
• ISSNs: 2032-2844

Abstract

Whoever punishes is sovereign. Those who punish fairly – or legitimately – are sovereign. At least that is how it was yesterday. But is it still the case today? Sovereignty is not what it used to be. Neither are punishments. What is the result? We do not know. I will try to explain the change of sovereignty in criminal law through the draft Regulation on the collection of electronic evidence. I am going to discuss three axes to set the framework for a critique. - What we know - What changes - What we can hope for or fear.