Informace o publikaci
Future Development in the Field of European Criminal Law
| Autoři | |
|---|---|
| Rok publikování | 2015 |
| Druh | Další prezentace na konferencích |
| Citace | |
| Popis | The contribution is focused on the issue of the European criminal law, which is nowadays considered as one of the fastest growing areas of the EU law. Certainly, criminal law is a sensitive policy field where differences amongst the national systems remain substantial. On the other hand, the harmonization of substantive and procedural criminal law seems to be inevitable to better fight crime in general, and organized and cross-border crime in particular. The contribution begins by briefly outlining the main changes in criminal law introduced by the Treaty of Lisbon, because the transfer of the criminal law from the Third Pillar to the “First Pillar” and the transfer of competences from the Member States to the EU has brought a new situation in which the EU and the Member States are facing new challenges. Nevertheless, the Treaty of Lisbon changed the EU constitutional framework by not only abolishing the pillar structure, but also by supranationalising new areas. It could be said that with its Articles 82 and 83, the Treaty on the Functioning of the European Union opened up a new chapter in the history of Europeanization of criminal law. The next part of the contribution briefly outlines some recent developments with regard to substantive and procedural criminal law and discuss the extent to which these initiatives might contribute to improve the situation within the EU. The contribution also addresses the question of the strengthening rights of individuals in criminal proceedings. The last part of the contribution is devoted to the possible future development of the European criminal law, as the EU is currently searching for the boundaries of a successful regime that will be able to provide effective measures to combat crime, as well as to protect the citizens of the EU. |
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