EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe

Description

This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice, and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor’s Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant system) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK’s participation in Europe’s area of criminal justice and the feasibility of a Europe ‘à-la-carte’ in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core. Volume 1 in the series Hart Studies in European Criminal Law Acknowledgements Contents Table of Cases Table of Legislation 1. Introduction 2. The Constitutionalisation of EU
Criminal Law After Lisbon I. Introduction II. The Constitutionalisation of EU Criminal Law III. The Persistence of National Diversity IV. The Competence Debate-Contested Competence V. The Limits of Subsidiarity VI. The Limits of Justice A-la-Carte: Variable Geometry and the Case of the United Kingdom VII. Conclusion 3. Defining EU Competence in Substantive Criminal Law: From Securitised to Functional Criminalisation I. Introduction II. The Constitutional Politics of Criminalisation
Before Lisbon: The Interplay Between Securitised
and Functional Criminalisation III. EU Competence to Criminalise After Lisbon: Securitised and Functional Criminalisation Revisited IV. The Relationship Between Criminal
and Adminstrative Law V. Extending EU Competence to Criminalise
Elsewhere in the Treaty VI. Policy Responses to the EU Competence to Criminalise After Lisbon VII. The Lisbon Treaty and the Impact
on National Criminal Law VIII. Conclusion 4. The Rocky Road to European
Prosecution: Caught Between
Co-ordination and Centralisation I. Introduction II. Horizontal Co-ordination via the Protection
of Fundamental Rights: The Emergence of a Transnational Ne Bis In Idem Principle III. Horizontal Co-ordination via the Establishment
of Common Standards-The Case of Decisions
on Choice of Forum and Conflicts of Jurisdiction IV. Towards Vertical Co-ordination:
The Evolution and Powers of Eurojust V. Towards the Establishment of the European Public Prosecutor's Office-Ambitions and Limits to Centralisation VI. The Quest for Coherence in Prosecution in a Fragmented Area of Criminal Justice VII. Conclusion 5. Mutual Recognition and Mutual
Trust in Europe's Area
of Criminal Justice: The Centrality
of Fundamental Rights I. Introduction II. Mutual Recognition as Legal Pluralism III. Establishing Limits to Automatic Recognition:
The Role of Fundamental Rights IV. Proportionality as a Limit to Mutual Recognition V. Mutual Recognition, Mutual Trust
and the Rule of Law VI. Conclusion: From Presumed to Earned Trust in Europe's Area of Criminal Justice 6. Legislating for Human Rights: The EU Legal Framework on the Rights of Individuals in Criminal Proceedings I. Introduction II. The Rocky Road Towards EU Law on the Rights of the Defendant Before Lisbon III. The Lisbon Breakthrough-The Attribution of an Express (Albeit Functional) Competence
to the European Union to Legislate on the Rights of the Individual in Criminal Procedure IV. The Renewed Momentum Towards EU Procedural Rights in the Light of Lisbon V. The Content of EU Procedural Rights VI. Horizontal Issues: The Scope and Level of Protection of Procedural Rights After Lisbon VII. The Impact of EU Procedural Rights
on National Legal Systems: Enforcement
and Implementation of Rights VIII. The Impact of EU Procedural Rights on National Legal Diversity-The Role of Autonomous Concepts IX. Variable Geometry and EU Procedural
Rights-The Quest for Coherence X. Conclusion: Towards a Paradigm Change in Europe's Area of Criminal Justice 7. The Place of the Victim in Europe's Area of Criminal Justice I. Introduction II. Victims' Rights in EU Criminal Law-A Typology III. The Place of the Victim in Europe's Area of Criminal Justice: Constitutional Implications IV. The Impact of EU Law on Victims' Rights on National Criminal Justice Systems V. The Impact of Victims' Rights on Justice in Europe VI. Conclusion 8. The Uneasy Relationship Between EU Criminal Law and Citizenship of the Union I. Introduction II. Citizenship in EU Criminal Law III. EU Criminal Law in EU Citizenship IV. Conclusion: Towards a Paradigm Change in Citizenship and EU Criminal Law 9. The European Union and Preventive Justice. The Case of Terrorist Sanctions I. Introduction II. Preventive Justice via 'Global Administrative Law': The Role of the UN Security Council III. Implementation of the UN Security Council Resolutions by the European Union IV. Judicial Review of the EU Implementation of UN Security Council Resolutions: Kadi I V. Judicial Review of the EU Implementation of UN Security Council Resolutions: Kadi II VI. Extending the Preventive Justice Framework in the Field of Counter-Terrorism: The Case of Measures on 'Foreign Fighters' VII. Conclusion: Preventive Justice and
the Limits of Procedural Justice 10. Conclusion. Placing the Individual
at the Heart of European
Criminal Justice Bibliography Index