| Abstract [eng] |
The use of tele communication devices is more and more frequent and develops the economy of modern society. This development is accompanied with missuses which consist in cybercrime. This notion brings up many challenges due to its modernity, immateriality and its cross-border nature. The thesis aims to determine what are the means used to fight against cybercrime and assess their effectivity. The argumentation focuses on three different aspects. The textual legal instruments developed to fight against cybercrime (1). The judicial aspect, the role of the Court, the judicial cooperation and the matter of evidence (2). The organic aspect and the stakeholders acting against cybercrime (3). The thesis argues that the fight against cybercrime is at its beginning. The European Institutions are trying hard to be as protective as possible by updating the legal background on that notion, but cybercrime also evolves on its side. However, a core legal system is being built, according to which cooperation between Member States is highly encouraged. Furthermore, judicial cooperation is also a central notion to the fight against cybercrime. With the help of the CJEU the law is being commonly applied and interpreted. Besides, the judicial cooperation supported by the principle of mutual cooperation gave the opportunity to improve the issue on evidence, and to develop a European Arrest Warrant. Finally, the organic landscape of the European Union around the notion of cybercrime is large. Many stakeholders exist, and develop a better cooperation, ensure the right application of the law, and share the knowledge relevant to fight against cybercrime. The fight against cybercrime is difficult and the related law needs improvement. Cooperation is also important to develop. The issue gathers many concerns. Thus, the Institutions and agencies are active on that regard, meaning that cybercrime-related law will significantly evolve in the future. |
