Offences dependent on administrative norms

2017 until 2024
Project type

Criminal law’s dependence on administrative law arises because the administrative authority determines the substantive norms of the criminal provision. For example, the administrative authority determines whether and what information must be provided, or in which areas citizens are not permitted to enter. Here, criminal law is confronted with norms from administrative law. This fact contradicts the principle that substantive criminal law is not bound by theories and concepts from other areas of law; the autonomy of substantive criminal law. At the same time, criminal law has for many years no longer functioned in complete isolation, because some criminal offences depend on administrative norms, as mentioned above. As a result, more and more complex administrative law ends up in the criminal courts.

This PhD research project focuses on the interaction between criminal law and administrative law and seeks possible solutions to fundamental and dogmatic problems.

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