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Is there a Criminal Law for European Union?

Publication at Faculty of Law |
2015

Abstract

The Europeanisation of criminal Law is based on three cornerstones: international cooperation in criminal matters, basic rights and freedoms, and European law. In the area of international cooperation, criminal cooperation within the Council of Europe and the European Union constituted one of the significant parts of the Europeanisation and internationalization of criminal law.

Both processes, though, necessarily lead to the marginalization of two traditional principles of criminal law, i.e. the principle of territoriality and sovereignty of national legislators. The second cornerstone of the Europeanisation of criminal law is represented by human rights and freedoms.

In connection with criminal law, firstly fundamental rights and freedoms that enable individuals to protect their freedom and dignity in the framework of proper institutional guarantees should be mentioned. As regards the third cornerstone, this is the EU case-law and case law-of EU Member States national courts.