Driving Under the Influence of Psychoactive Substances in Europe and the Phenomenon of Driving Licence Tourism

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Abstract:

This article contains two main sections. Firstly, a detailed overview of the legal countermeasures for psychoactive driving in the European member states is presented. Thereby, the main focus is put on driving licence related measures, because they are connected Europe-wide with high levels of special and general deterrence. The legal differences of the miscellaneous re-granting procedures are depicted as well, because their impact of getting impaired drivers off the road may not be underestimated. Secondly, the consequence of the heterogeneity of the official regulations especially for licence re-granting - the phenomenon of driving licence tourism - is presented and discussed in detail with very special respect to the jurisdiction of the European Court of Justice. In this context, some possible solutions for this problem for traffic safety are pointed out.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/219174411799494710

Publication date: December 1, 2011

More about this publication?
  • This is a new journal dedicated to the development of European Criminal Law and the co-operation in criminal matters within the European Union. In these areas the Lisbon Treaty has supposedly brought about the most important changes and also the greatest challenges for the future. It is the journal's ambition to provide a primary forum for comprehensive discussion and critical analysis of all questions arising in relation to European Criminal Law. It will include articles and relevant material on topics such as:

    ‧The harmonisation of national criminal law in consideration of European legal instruments,

    ‧The implementation of the principle of mutual recognition in the area of cooperation in criminal matters and the development towards the creation of a European Public Prosecutor

    ‧The emergence of a balanced European Criminal Policy based on fundamental rights, freedom and democracy with particular reference to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights.

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