EU Criminal Law Introduction, Lisbon Treaty EU criminal

EU Criminal Law Introduction, Lisbon Treaty EU criminal

EU Criminal Law Introduction, Lisbon Treaty EU criminal legislation EU cannot adopt a general EU criminal code However, EU criminal legislation can add, within the limits of EU competence, important value to the existing national criminal law systems Importance of EU criminal law

Serious organised crime is committed across borders prevent misuse of those EU countries with the most lenient legal systems and 'safe havens'. By adopting minimum procedural rights standards and making the fight against crime more efficient, EU criminal law fosters citizens' confidence in the security throughout the EU Common rules strengthen mutual trust between EU countries and facilitate cooperation and mutual recognition of judicial measures. EU criminal law helps to prevent and punish

serious offences against EU law in certain policy areas (e.g. environment protection) MAASTRICHT TREATY 1992 1st pillar: EC/EUROATOM 2nd pillar: 3rd Pillar: Foreign and Security Policy Justice and Home Affairs

Regulated the legal, political and economic structure of EC Joined internal and external policies: -free movement of goods -agriculture -environment Supranational character Direct effect Intergovernmental cooperation Mixed method,

relied mainly on intergovernmental cooperation AMSTERDAM TREATY 1997 3rd Pillar is converted to Police and Judicial Cooperation in Criminal Matters: Drug trafficking and weapons smuggling Terrorism Trafficking in human beings Organised Crime The rest of the 3rd Pillar was transfered to the 1st Pillar: customs, asylum, visa, EU fraud

Lisbon Treaty 2007 Entered into force: 1st December 2009. Amends: - TEU (1992 Maastricht Treaty) - TEEC (1957 Rome Treaty) TFEU Abolished the 3-pillar structure and created a unified legal system Abolished framework decisions (no direct effect)

directives (direct effect) Sources of EU CrimLaw Sources of primary law Sources of secondary law -acts of Member States: -acts of EU institutions: Treaty on the EU, Regulations, Treaty on the Functioning of the EU. Directives, Decisions, Opinions, Recommendations. Chap. 4 of TFEU:

Judicial Cooperation in Criminal Matters Art. 82: mutual recognition of judgments and judicial decisions Art. 83: Substantive Criminal Law Art. 84: measures to promote and support the action of Member States in the field of crime prevention Art. 85: EUROJUST Art. 86: European Public Prosecutors Office

Article 82 TFEU Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in specific areas of criminal law. Minimum rules for criminal matters with cross-border dimension by means of directives Article 83 TFEU

Minimum rules defining particularly serious crimes with a cross-border dimension and establishing sanctions: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime +other crimes that meet the criteria Fundamental aspects of national systems (83/3) Ordinary legislative procedure:

Commission (proposal) Council of Ministers & Parliament (codecision) In case of a collision with fundamental aspects of national criminal justice system, ordinary procedure can be (temporarly) suspended by referring the draft to the European council Article 84 TFEU The European Parliament and the Council of Ministers, acting in

accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States.

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