Criminal Law and Policy in the European Union (Routledge Research in EU Law)

This book takes stock of the development of EU criminal law from the establishment of the ECSC to the first European Union criminal law directives passed after the Lisbon Treaty. The work considers criminal offences established at EU level, the effects of EU law on national criminalization, the emerging body of EU criminal procedural law, and the increasing recognition of defense rights as EU rights. Limits to the legal effects of EU-level rules require them to be examined in the light of Member State practice. Implementing measures are not always appropriate, and may balance interests under national law, the rights of criminal defendants, and the need for EU-wide approximation. The proliferation of EU criminal law has led to an explicit, albeit underdeveloped, EU criminal policy This book will be of particular interest to students and scholars of EU Law and Criminal Law. "A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "-- "This book takes stock of the development of criminal law in the context of the European Community and the European Union, and considers whether it has led to a European criminal policy, whilst also examining the legal effects European-level initiatives in the field have had on national criminal law and on criminal suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and against this backdrop reviews the supremacy of European Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems as well as the development of relevant European Community principles of fundamental rights. The work goes on to explore whether there are fields in which the European Community might enact directly applicable criminal penalties in the form of EC regulations and also examines related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. This book will be of particular interest to students and scholars of EU Law and Criminal Law"-- Le site d'éditeur Routledge indique : "A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law." "This book takes stock of the development of criminal law in the context of the European Community and the European Union, and considers whether it has led to a European criminal policy, whilst also examining the legal effects European-level initiatives in the field have had on national criminal law and on criminal suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and against this backdrop reviews the supremacy of European Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems as well as the development of relevant European Community principles of fundamental rights. The work goes on to explore whether there are fields in which the European Community might enact directly applicable criminal penalties in the form of EC regulations and also examines related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. This book will be of particular interest to students and scholars of EU Law and Criminal Law"-- Provided by publisher Cover Criminal Law and Policy in the European Union Title Page Copyright Page Table of Contents Preface Table of Cases Table of Legislation List of Documents Cited 1 Introduction 2 A brief history of EU criminal law 3 EU competences, legislative processes, and institutions in the field of criminal law 4 Sources and doctrines of EU criminal law 5 General principles of EU criminal law 6 Substantive EU criminal law: an introduction 7 ‘Euro crimes’: specific offences at EU level 8 Mutual recognition and the approximation of criminal procedure 9 Fundamental rights and defence rights 10 The past and future of EU criminal law Bibliography Index