Year: 2010
Type: article
Abstract: The Lisbon Treaty has opened up a new chapter in the history of European criminal law. The purpose of this analysis is to guide the reader through the main changes in this area, as introduced by the Lisbon Treaty. Therefore, the present analysis is a follow-up to previous work by the author before entry into force of the Lisbon Treaty − thereby seeking to provide an account of the status of EU criminal law post-Lisbon Treaty. The paper has been structured into seven sections. Section one deals with a short introduction to the evolution of criminal law at the EU level. Section two outlines the framework of the criminal law in the Lisbon Treaty. Section three deals more specifically with the emergency brake and enhanced cooperation procedure as well as the possible establishment of a European Public Prosecutor. Thereafter, Section four looks more broadly at the Court of Justice’s jurisdiction in the area of criminal law and the Area of Freedom, Security and Justice (AFSJ). Section five deals with the legally binding status of the Charter of Fundamental Rights and the possible accession to the ECHR. Section six deals with the principles of subsidiarity and proportionality with regard to criminal law. Finally, the analysis concludes by offering some thoughts about the future of European criminal law.
Author: Ester Herlin-Karnell
Institution: Vrije Universiteit Amsterdam
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4389631649