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EU Law after Lisbon$
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Andrea Biondi, Piet Eeckhout, and Stefanie Ripley

Print publication date: 2012

Print ISBN-13: 9780199644322

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199644322.001.0001

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EU Competence in Criminal Law after Lisbon

EU Competence in Criminal Law after Lisbon

(p.331) 16 EU Competence in Criminal Law after Lisbon
EU Law after Lisbon

Ester Herlin-Karnell

Oxford University Press

The notion of European criminal law is a very patchy concept which has largely gained impetus in recent years. Clearly, the entry into force of the Lisbon Treaty has changed the framework and possibilities of the development of EU criminal law. Gone is the long lived and awkward cross-pillar character of EU criminal law, as mainly a third pillar intergovernmental issue but also partly a first pillar question where the delimitation of vertical and horizontal powers has remained highly controversial. The purpose of this chapter is to chart the constitutional changes brought in by the Lisbon Treaty in this area. Plainly, the Lisbon Treaty (Title V of the TFEU) opens up a new chapter in the history of the supranationalization of EU criminal law by setting out the agenda of the EU's crime fighting mission. In particular, the chapter will look at the fundamental provisions of Article 82 and 83 TFEU and discuss the possibilities of further harmonization and the boundaries of these competences. Specifically, the chapter addresses the need to pay attention to subsidiarity and proportionality due to the sensitive nature of the criminal law. In this regard, the chapter investigates the increased focus on the national parliaments in the legislative process. The chapter concludes by discussing the future — in the light of Lisbon — of an EU criminal law policy and the constitutional question of how much harmonization — and supranationalization — is needed in this area.

Keywords:   EU criminal law, harmonization, supranationalization, TFEU

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