Whether one likes it or not, the fact remains that a judge will handle one’s case differently depending on whether one lives in a country where Roman law or common law prevails. Even though the civil and commercial laws of countries which respect the westernised legal system recognise the supremacy of organisations and international and community standards, these countries still cling to the repressive prerogatives of their national laws. Can globalisation really continue despite such discrepancies ? On a European level, the idea of harmonising criminal law is no longer taboo, and several indicators show a slow but inexorable convergence linked to the need to fight cross-border crime while also protecting the fundamental rights of all European citizens.
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