EU Criminal Law and Justice

EU Criminal Law and Justice

Elgar European Law series

Maria Fletcher, Robin Lööf and Bill Gilmore

Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent ‘Lisbon Treaty’. While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice – however defined – is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level.

Series editor's preface

Maria Fletcher, Robin Lööf and Bill Gilmore

Subjects: law - academic, criminal law and justice, european law

Extract

Series editor’s preface When in 1991 the EC Member States negotiated the first Directive on money-laundering, they felt unable in the text of that Directive to make money-laundering a criminal offence; rather, they attached a statement that they would take all necessary steps to enact criminal legislation. Later that year, the Maastricht Treaty was negotiated, introducing an express competence in criminal matters not under the EC Treaty (the ‘first pillar’) but under a separate intergovernmental pillar of the EU Treaty on Home Affairs and Justice, largely outside the jurisdiction of the European Court of Justice, the so-called ‘third pillar’. Under the Amsterdam Treaty, much of this pillar was transferred to the EC Treaty, leaving a third pillar concerned with Police and Judicial Cooperation in Criminal Matters, but under which framework decisions (rather like EC Directives) and decisions could be adopted, subject to the (limited) jurisdiction of the European Court. In the meantime, that Court has held that criminal penalties relating to matters governed by EC Law can (and should) be imposed under the EC Treaty itself; furthermore, the Lisbon Treaty signed in 2007 would largely eliminate the differences between the first and third pillars (subject to special treatment for the UK). Against this constantly evolving background, there has been an exponential growth in EU and EC legislation concerned with criminal matters, partly reflecting the fact that an area without internal frontiers may increase the possibilities for cross-border crime, and also reflecting the growth of international terrorism. These developments...