The Development of EU Precautionary Criminalisation
Abstract:In this paper, I will investigate three concepts which currently play a significant constitutional role in the development of EU criminal law. In doing so, this paper seeks to demonstrate that the driving notions behind the EU's agenda in this area are risk, security and effectiveness concerns. The paper will thereafter try to give a systematic account of how these concepts are illustrated in EU law and in criminal law respectively. It will be argued that the EU's approach in this area leads to precautionary criminalisation at the EU level.
Document Type: Research Article
Publication date: December 1, 2011
- This is a new journal dedicated to the development of European Criminal Law and the co-operation in criminal matters within the European Union. In these areas the Lisbon Treaty has supposedly brought about the most important changes and also the greatest challenges for the future. It is the journal's ambition to provide a primary forum for comprehensive discussion and critical analysis of all questions arising in relation to European Criminal Law. It will include articles and relevant material on topics such as:
‧The harmonisation of national criminal law in consideration of European legal instruments,
‧The implementation of the principle of mutual recognition in the area of cooperation in criminal matters and the development towards the creation of a European Public Prosecutor
‧The emergence of a balanced European Criminal Policy based on fundamental rights, freedom and democracy with particular reference to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights.