Well worth reading for anyone interested in EU criminal law, or even the broader development of EU constitutional law. With a carefully developed research design, this volume provides us with an analytical tool remarkably useful both for policy makers and legal theorists alike.

- Maria Bergström, Uppsala University, European Law Review

The reader is provided with an original and consistent doctrine that deserves careful consideration and paves the way for further debate.

- Francesco Rossi, University of Luxembourg, EU Law Live

This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks ’Why EU Criminal Law?’ looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.
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Introduction
I. The Emerging Debate on the Legitimacy of EU Criminal Law
II. How to Theorise on the Legitimacy of EU Criminal Law
III. The Practical Importance of (EU Criminal Law) Theory
IV. The Broader Reach of the Discussion on the Legitimacy of EU Criminal Law
1. Why Criminal Law? The Question of, and Models for, the Legitimacy of Criminal Law
I. Why is Criminal Law Special? A Consequence-Based Approach
II. The Need to Legitimate Criminalisation Choices
III. A (Liberal) Deontological Approach to the Legitimacy of Criminal Law
IV. A (Liberal) Utilitarian Approach to the Legitimacy of Criminal Law
V. A Joint Deontological-Utilitarian Approach to the Legitimacy of Criminal Law?
VI. The Doctrinal Character of the Debate on the Legitimacy of Criminal Law
VII. Conclusions
2. Why EU Criminal Law? The Question of, and the Models for, the Legitimacy of Supranational Criminal Law
I. Is the Debate on the Legitimacy of Criminal Law Relevant to the EU Legal Order?
II. What Do EU Constitutional Values and Principles Tell Us about the Legitimacy of EU Criminal Law?
III. Conclusions
3. Rationales for the Harmonisation and Legitimacy of EU Criminal Law
I. A Definition of Harmonisation as a Legal Process
II. Does Harmonisation Have an Inherent, Values-Based Dimension?
III. Harmonisation of National Criminal Law within the EU Legal Order
IV. The ‘Values-Based’ Criminalisation Rationale for Harmonisation: Deontological EU Criminal Law
V. The ‘Justice’, ‘Free Movement’ and ‘Cooperation’ Rationales for Harmonisation: Utilitarian EU Criminal Law
VI. The Socialising Rationale for Harmonisation: Utilitarian EU Criminal Law
VII. The ‘Regulatory’ Rationale for Harmonisation: Utilitarian EU Criminal Law
VIII. Conclusions
4. EU Competences on Securitised Criminalisation: From a Utilitarian to an Integrated Approach to EU Criminal Law
I. EU Criminalisation Competences: Securitised V Functional Criminalisation
II. A Utilitarian Legitimacy for EU Criminal Law under the Maastricht and Amsterdam Third Pillar
III. Integrated Legitimacy for EU Criminal Law under the Treaty of Lisbon
IV. Conclusions
5. EU Competences on Functional Criminalisation: The Route to Utilitarian EU Criminal Law
I. The Scope of EU Functional Criminalisation
II. The Early Case Law: Sanctioning Obligations and an Integrated Approach to Criminal Law
III. The Case Law in the 2000S: Criminalisation Obligations and an Integrated Approach to EU Criminal Law
IV. The Treaty of Lisbon: The Final (Utilitarian) Word
V. Conclusions
6. From Tampere to Stockholm: The Path towards Integrated Legitimacy
I. The Utilitarian Approach to Criminal Law in Pre-Lisbon Justice and Home Affairs Programmes
II. The Integrated Approach in the 2009 Stockholm Justice and Home Affairs Programme
III. The Silence in the 2014 Justice and Home Affairs Strategic Guidelines
IV. The EU Criminalisation Policy Documents: The Core of the Discussion
V. The Shift from a Utilitarian to an Integrated Approach in Policy Documents
VI. Conclusions
7. Legitimating EU Criminal Law in Practice: The Case of Racism and Xenophobia, Market Abuse and PIF Crimes
I. The Patchwork Structure of EU Criminal Law and the Choice of Case Studies
II. The 2008 Framework Decision on Racism and Xenophobia: Symbolic EU Criminal Law under Amsterdam
III. The 2014 Market Abuse Directive: Symbolic EU Criminal Law under Lisbon?
IV. The 2017 PIF Directive: An Integrated Legitimacy for EU Criminal Law?
V. Conclusions
8. Conclusions
I. The Long-Standing Doctrinal Debate on the Legitimacy of Criminal Law
II. The Relevance and Legal Dimensions of the Debate on the Legitimacy of EU Criminal Law
III. The EU Constitutional Values and Principles and the Legitimacy of EU Criminal Law
IV. The Specifics of the EU Criminalisation Process
V. The Main Argument of the Book: Symbolic EU Criminal Law in a Bureaucratic Criminal
Law Institutional Framework
VI. The Dangers of an Expansion of Non-legitimate EU Criminal Law

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This book investigates and critically appraises the European Union's approach to criminalisation.
Offers a theoretical examination of the approach to crime in the European Union

Works of the highest intellectual rigour from the ECLAN network on European criminal law, justice and policy.
Since the Lisbon Treaty, European criminal law has become an increasingly important field of research and debate. Working with the European Criminal Law Academic Network (ECLAN), the series will publish works of the highest intellectual rigour and cutting edge scholarship which will be required reading for all European criminal lawyers.

The series is happy to consider both edited and single authored titles. The series defines ‘European’ and ‘criminal law’ in the broadest sense so books on the European criminal law, justice and policy will be considered. The series also welcomes books which offer different methodological approaches.

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Produktdetaljer

ISBN
9781509919741
Publisert
2020-07-09
Utgiver
Bloomsbury Publishing PLC
Vekt
1380 gr
Høyde
238 mm
Bredde
162 mm
Dybde
20 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
272

Forfatter

Biografisk notat

Irene Wieczorek is an Assistant Professor at the University of Durham.