期刊名称：Zeitschrift für Internationale Strafrechtsdogmatik
印刷版ISSN：1863-6470
出版年度：2014
卷号：2014
期号：9
页码：402
出版社：Editors of ZIS
摘要：This paper aims at outlining the complicated relationshipbetween Criminal Law and phenomena like terrorism orpolitical extremism. It describes the current strategy of theGerman legislator focussing on a temporal „forward shifting“of criminal behavior and its constitutional boundaries. Typicalexamples of this strategy are the offences of forming criminalor terrorist organisations. The common definition of„organisations“ used by the German criminal courts is heavilyinfluenced by the much broader formulation of the EUFramework Decisions on Combating Terrorism (2002) andOrganised Crime (2008). Accordingly, the principle of loyaltylaid down in Article 4 (3) TEU forces the German courts toan interpretation of the national Criminal Law in line withUnion Law which makes it impossible to differentiate betweendifferent forms of committing crimes by two or more people.With regard to the rule of law this leads to the question ofhow criminalizing early stages of terrorist or extremist behaviorcan be properly legitimized.
