- Elgar European Law series
What we hope to have shown in this book is that a fundamentally positive approach to the broad aims and ideals of EU criminal law and justice can be combined with rigorous criticism of many of its aspects. The everincreasing social, economic and political integration in Europe, largely as a result of EU/EC initiatives, is a welcome development. However, we fundamentally believe that this development in our continent requires a profound rethinking of how the good of criminal justice – however deﬁned – is to be delivered to those living there. As we hope has become apparent in the preceding chapters, this fundamental position is echoed by the institutions charged with developing the EU’s AFSJ. At the same time, and as was stated in the introduction, the actual framing of the AFSJ suﬀers from a failure properly to consider the theoretical implications of providing the good of criminal justice at the EU level. In legislative action, judicial pronouncements, oﬃcial reports, etc., ground-breaking novelties with far-reaching theoretical implications fail to deal with the fundamental theoretical issues involved. Looking at EU criminal law and justice today, one is faced with a signiﬁcant body of law potentially aﬀecting most aspects of criminal justice. For us, the starting point for any inquiry into the nature of EU criminal law and justice must be this existing legal framework. Even though the decision makers have failed to consider the potential theoretical and conceptual implications of their actions, this does not rule out the...
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