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2020
This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and ...
András Csúri, John R Spencer
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This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and ...
András Csúri, John R Spencer
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The relationship between EU criminal law and environmental law
2016The chapter focuses on the relationship between EU criminal law and environmental law in the light of the link between EU and international environmental law. The analysis firstly deals with the constitutional controversy with regard to the use of the protection of the environment as a legitimising factor for the attribution to the Union of competence ...
Mitsilegas, Valsamis +2 more
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General principles and EU criminal law
SSRN Electronic Journal, 2019Why are general principles important in EU criminal law? The question of general principles in criminal law is an interesting one and unites two different but related discussions: one concerning the reach of general principles in EU law as such and one closely related debate on the scope of general principles in the area of criminal law.
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The Legitimacy of EU Criminal Law
2020This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence.
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SSRN Electronic Journal, 2011
This paper seeks to chart recent developments in EU criminal law with particular emphasis on recent case law delivered after the entry into force of (and in the run up to) the Lisbon Treaty. It begins by setting the scene of EU criminal law post the Lisbon Treaty, by briefly sketching the main changes as provided by this Treaty.
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This paper seeks to chart recent developments in EU criminal law with particular emphasis on recent case law delivered after the entry into force of (and in the run up to) the Lisbon Treaty. It begins by setting the scene of EU criminal law post the Lisbon Treaty, by briefly sketching the main changes as provided by this Treaty.
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Between Flexibility and Disintegration in EU Criminal Law
SSRN Electronic Journal, 2014The idea of flexibility seems to provide an attractive European model to aim for, not least to avoid the accusation of a ‘one-size’ fits all approach to the highly complicated project of an EU of 28 Member States. Yet, as this chapter will try to show, as much as the notion of flexibility seems to be an attractive concept, it is also a rather vague one.
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2014
This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and ...
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This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and ...
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Is the Citizen Driving the EU's Criminal Law Agenda?
SSRN Electronic Journal, 2012This contribution will try to investigate to what extent the constitutional changes as brought about by the Lisbon Treaty in the Area of Freedom, Security and Justice (AFSJ) – and as witnessed in the case law of the Court of Justice – have been driven by genuine concerns for the individual.
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2020
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union.
Paul Craig, Gráinne de Búrca
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union.
Paul Craig, Gráinne de Búrca
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Criminal suspects’ rights and EU Law
ERA Forum, 2004Criminal suspects and their advocates need not wait until 2007 or 2008, the likely dates for application of the proposed Framework Decision on suspects’ rights, to take account of EU law. Despite their focus on assisting police and prosecutors, EU law measures already afford a measure of protection for suspects’ rights, most clearly in the context of ...
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