The Constitutional Dimension of European Criminal Law

Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security, and justice. The phenomenon of EU criminal law as such is, however, far from new, but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice (ECJ). Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through this book is the role of the axiom of effectiveness, which is critically examined with particular attention to its use by the ECJ in recent leading cases. The book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalization at the EU level and the protection of subsidiarity in EU criminal law. The balance between effective EU action, proper control of competence, and adequate protection of individual rights are of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU. (Series: Modern Studies in European Law)

Ester Herlin-Karnell is a University Lecturer in EU law at the Free University of Amsterdam (VU) and the Co-Director of the VU Centre for European Legal Studies.