EU Criminal LawEU Criminal LawIntroduction, Lisbon TreatyIntroduction, Lisbon Treaty

EU criminal legislationEU criminal legislation

EU cannot adopt a general EU EU cannot adopt a general EU criminal codecriminal code

However, However, EU criminal legislation can EU criminal legislation can add, within the limits of EU add, within the limits of EU competence, important value to the competence, important value to the existing national criminal law existing national criminal law systemssystems

Importance of EU criminal lawImportance of EU criminal law SSerious organised crime erious organised crime isis committed across borders committed across borders

prevent misuseprevent misuse of of those EU countries with the most those EU countries with the most lenient legal systems and 'safe havens'.lenient legal systems and 'safe havens'.

ByBy adopting minimum procedural rights adopting minimum procedural rights standardsstandards and and making the fight against crime more efficient, making the fight against crime more efficient, EU EU criminal law fosters citizens' confidencecriminal law fosters citizens' confidence in  in thethe security throughout the security throughout the EU EU

Common rules strengthen mutual trust Common rules strengthen mutual trust between EU between EU countriescountries and and facilitate cooperation and mutual facilitate cooperation and mutual recognition of judicial measures.recognition of judicial measures.

EU criminal law helps to prevent and punish EU criminal law helps to prevent and punish serious offencesserious offences against EU law in certain policy areasagainst EU law in certain policy areas (e.g.(e.g. environment environment protection) protection)

1st pillar: EC/EUROATOM

Regulated the legal, political and economic structure of EC

Joined internal and external policies:

-free movement of goods

-agriculture

-environment

…

Supranational character

Direct effect

2nd pillar:

Foreign and Security Policy

Intergovernmental

cooperation

3rd Pillar:

Justice and Home Affairs

Mixed method, relied mainly on intergovernmental cooperation

MAASTRICHT TREATY 1992

AMSTERDAM TREATY 1997

3rd Pillar is converted to 3rd Pillar is converted to Police and Judicial Police and Judicial Cooperation in Criminal MattersCooperation in Criminal Matters:: Drug trafficking and weapons smugglingDrug trafficking and weapons smuggling TerrorismTerrorism Trafficking in human beingsTrafficking in human beings Organised CrimeOrganised Crime

The rest of the 3rd Pillar was transfered to the The rest of the 3rd Pillar was transfered to the 1st Pillar: customs, asylum, visa, EU fraud…1st Pillar: customs, asylum, visa, EU fraud…

Lisbon Treaty2007

Entered into force: 1st December 2009.Entered into force: 1st December 2009. Amends: - TEU (1992 Maastricht Treaty)Amends: - TEU (1992 Maastricht Treaty)

- TEEC (1957 Rome Treaty) - TEEC (1957 Rome Treaty) TFEU TFEU

Abolished the 3-pillar structure and created a Abolished the 3-pillar structure and created a unified legal systemunified legal system

Abolished framework decisions (no direct effect) Abolished framework decisions (no direct effect) directives (direct effect) directives (direct effect)

Sources of EU CrimLawSources of EU CrimLaw

Sources of primary law Sources of primary law Sources of Sources of secondary lawsecondary law

-acts of Member States: -acts of EU -acts of Member States: -acts of EU institutions:institutions:

Treaty on the EUTreaty on the EU,, Regulations, Regulations,Treaty on the Functioning of the EUTreaty on the Functioning of the EU. Directives,. Directives,

Decisions,Decisions, Opinions,Opinions, Recommendations.Recommendations.

Chap. 4 of TFEU:Chap. 4 of TFEU: Judicial Cooperation in Criminal Matters Judicial Cooperation in Criminal Matters

Art. 82: Art. 82: mutual recognition of judgments mutual recognition of judgments and judicial decisionsand judicial decisions

Art. 83: Substantive Criminal LawArt. 83: Substantive Criminal Law Art. 84: Art. 84: measures to promote and support measures to promote and support

the action of Member States in the field of the action of Member States in the field of crime preventioncrime prevention

Art. 85: EUROJUSTArt. 85: EUROJUST Art. 86: European Public Prosecutor’s Art. 86: European Public Prosecutor’s

OfficeOffice

Article 82 TFEUArticle 82 TFEU

Judicial cooperation in criminal matters in Judicial cooperation in criminal matters in the Union shall be based on the principle of the Union shall be based on the principle of mutual recognition of judgments and mutual recognition of judgments and judicial decisions and shall include the judicial decisions and shall include the approximationapproximation of the laws and of the laws and regulations regulations of the Member States inof the Member States in specific areas of specific areas of criminal law.criminal law.

Minimum rulesMinimum rules for criminal matters with for criminal matters with cross-border dimension by means of cross-border dimension by means of directivesdirectives

Article 83 TFEUArticle 83 TFEU

Minimum rules defining Minimum rules defining particularly particularly serious crimesserious crimes with a cross-border with a cross-border dimension and establishing sanctions: dimension and establishing sanctions: terrorism, trafficking in human beings and terrorism, trafficking in human beings and sexual exploitation of women and sexual exploitation of women and children, illicit drug trafficking, illicit arms children, illicit drug trafficking, illicit arms ttrafficking, money laundering, corruption, rafficking, money laundering, corruption, ccounterfeiting of means of payment, ounterfeiting of means of payment, computer crime and organised crimecomputer crime and organised crime

+other crimes that meet the criteria+other crimes that meet the criteria

Fundamental aspects of Fundamental aspects of national systems (83/3)national systems (83/3)

Ordinary legislative procedure:Ordinary legislative procedure:

Commission (proposal)Commission (proposal)

Council of Ministers &Council of Ministers &

Parliament (codecision)Parliament (codecision)

In case of a collision with fundamental aspects In case of a collision with fundamental aspects of national criminal justice system, ordinary of national criminal justice system, ordinary procedure can be (temporarly) suspended by procedure can be (temporarly) suspended by referring the draft to the European councilreferring the draft to the European council

Article 84 TFEUArticle 84 TFEU

The The European European Parliament and the Parliament and the CouncilCouncil of Ministers of Ministers, acting in , acting in accordance with the ordinary accordance with the ordinary legislative procedure, may establish legislative procedure, may establish measures to promote and support measures to promote and support the action of Member States in the the action of Member States in the field of crime prevention, excluding field of crime prevention, excluding any harmonisation of the laws and any harmonisation of the laws and regulations of the Member States.regulations of the Member States.