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The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.

Chapter 18: Options for the Development of European Criminal Law under the Treaty of Lisbon

Flora Goudappel

Subjects: law - academic, european law


Flora Goudappel 1. INTRODUCTION This chapter will explore the options and limitations for the development of European criminal law now that the Treaty of Lisbon has come into force. Although this policy area (as ‘police and judicial cooperation in criminal matters’) has already been increasingly developed under the Treaty of Amsterdam and the Tampere and Hague Programmes, the possibilities for a more far-reaching development have grown exponentially under the new system of division of competences granted under the Treaty of Lisbon, in combination with the goals set in the Stockholm Programme as a beginning of development. First, the fact that this policy area has been brought under the ordinary legislation procedure will mean that decision-making in the Council will be easier while the watchful role of European Parliament has increased as well. Second, the contents have been amended and now give room for developments such as the establishment of minimum rules, the creation of the European Public Prosecutor or the (limited) possibility to harmonize some definitions of criminal offenses. Developments may eventually lead to amendments of national legislation which the Member States traditionally regard as a national prerogative. In addition, the European Parliament has shown that it takes privacy matters very seriously in new developments concerning criminal law.1 In 1 See for instance the negative vote on the PNR (Passenger Name Records) agreement with the United States (‘MEPs fear that new PNR agreement fails to protect citizens’ data’, available at: do?language=NL&type=IM-PRESS&reference=20070709IPR08968...

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