Lamfalussy-Verfahren und Strafrecht

This work examines the extent to which the reformed market abuse law, whose standards are enacted at the European level by way of the four-stage Lamfalussy process, satisfies the constitutional requirement of legal certainty as part of the principle of the rule of law. In the first part, the four stages of the Lamfalussy process are presented in more detail. The second part analyses the implications of the principle of legal certainty with its partial aspects (according to v. Arnauld) of recognisability, reliability and predictability of the law. The third part uses the parameters elaborated in the second part to show how the reformed market abuse law conflicts with the principle of legal certainty.