Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides
Chapter 6: Fundamental rights, national identity and EU criminal law
AbstractThe unprecedented growth of EU criminal law over the last years has coincided with the development of fundamental rights. Citizens of Member States enjoy the protection of civil rights and liberties, which stem from a plurality of sources, namely the Charter of Fundamental Rights, the ECHR and national Constitutions. The purpose of this chapter is to provide a balanced account of the main considerations and criticisms relating to fundamental rights issues that arise from the application of EU criminal law, with a special emphasis on the jurisprudence of the CJEU and the normative implications of the Charter of Fundamental Rights to fundamental rights as guaranteed by national constitutions. Focal points of the analysis of this chapter include the normative relationship of international human rights instruments and national constitutions with the Charter, the interpretive approach of the CJEU to the Charter and its relationship with national constitutions in the context of criminal matters and a discourse on the concept of national identity and its possible usage in the field of EU criminal law.
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