Being Formed Pyramid the Sources of the Criminal Law in Europe and Challenges Confronting It

With studying the sources comprised the criminal law in Europe; it can be mentioned two different periods in Europe concerning with the sources of law. The creation of the concept of the Nation-State has caused a fund mental evolution in the sources of the criminal law and it has made deep differences and differentiations in the elements comprising law in the before and after the rise of the Nation-State. The sources of law especially in the era of the Rise of the Nation-State as an external reality have characteristics which they make for us know the nature of this period from one side and understand the nature of law feasible in pre-origin of the Nation-State from the other side. The present note in the first stage has examined the features of law before the rise of the concept of the Nation-State and the components and Characteristics of the modern law which it has formed in the shape of pyramidal system after the rise of the concept of the Nation-State. Today among the countries of the European Union (EU) (EU member countries), a new law under the heading of European Union law has aroused which besides their internal law can be practical. Governing of the new law and the way of its interaction with national law among the countries of the European Union (EU) causes the attenuation of the characteristics of the national law of the European countries or modern law and at the end challenging the pyramidal system.