The evolution of European Union criminal law (1957-2012)

criminal matters and, if necessary, through the approximation of criminal laws.
4. The Union shall facilitate access to justice, in particular through the principle of
mutual recognition of judicial and extrajudicial decisions in civil matters.”
Immigration, security and access to justice take the spotlight in Article 67 TFEU. The
contrast with former Article 29 TEU(A), besides the already mentioned recognition of
national systems and traditions, appears at a general level, as the wording used is slightly
looser and details are left for later sections of Title V. 547 No particular areas of crime are
mentioned in the formula “prevent and combat crime” (Article 29 TEU(A) made
particular reference to the crimes where intervention should occur), whereas the main
endeavour is now the provision of a “high level of security” (and not safety as mentioned
in the TEU(A)). This can potentially represent a broad mandate. 548
Specific provisions on mutual recognition and harmonisation complement Article 67
TFEU and should be read as lex specialis. 549 These reinstate competences in all areas
mentioned by the TEU(A) and others not mentioned but in which the EU intervened
regardless. On judicial cooperation, Article 82 TFEU finally incorporated the principle
of mutual recognition in the realm of the Treaties thus formalising its already central
role in this domain:
“1. Judicial cooperation in criminal matters in the Union shall be based on the principle
of mutual recognition of judgements and judicial decisions and shall include the
approximation of the laws and regulations of the Member States in the areas referred to
in paragraph 2 and Article 83.
The European Parliament and the Council, acting in accordance with the ordinary
legislative procedure, shall adopt measures to:
(a) lay down rules and procedures for ensuring recognition throughout the Union
of all forms of judgements and judicial decisions;
(b) prevent and settle conflicts of jurisdiction between Member States;
(c) support the training of the judiciary and judicial staff;
(d) facilitate cooperation between judicial or equivalent authorities of the Member
States in relation to proceedings in criminal matters and the enforcement of
decisions.
547 See above in this chapter.
548 For an argument on the possible dangers of use of Article 67 TFEU as a legal basis for
legislating instead of Articles 82 and 83 TFEU (respectively on mutual recognition and
harmonisation) see E. Herlin-Karnell, “Waiting for Lisbon… Constitutional Reflections on the
Embryonic General Part of EU Criminal Law” , supra note 546, 227, 234-236.
549 E. Herlin-Karnell, ibid., 235.
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