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

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State has having been committed in whole or in part in the territory of the executing Member State or when the offences were committed outside the territory of the issuing Member State and the law of the executing Member State does not allow prosecution for those offences when committed outside its territory. 758 Furthermore, besides grounds for refusal, Article 5 of the Framework Decision lists three conditions that executing State can demand for in order to agree to surrender an individual. First, it allows for the executing Member State to make surrender dependent upon giving the requested individual the opportunity to apply for a retrial when a sentence was passed in absentia and he or she was not summoned or otherwise informed of the trial. 759 Second, where a life sentence could be imposed, the executing Member State can demand the guarantee that the sentence can be reviewed after 20 years at the latest. 760 Finally, the surrender can be made conditional upon the return of the national or resident in order to serve the passed sentence in the territory of the Member State of origin. 761 The CJEU has had the opportunity to provide some guidance in the interpretation of several of these provisions. Article 4(6) of the Framework Decision, for instance, has been the focus of several cases brought before the Court. The provision is one of the listed optional grounds for refusal and stipulates that an executing authority may refuse to execute carry out an EAW issued for the purposes of executing a sentence where that warrant concerns a person who “is staying in, or is a national or a resident of the executing Member State” and in case that State undertakes to execute that sentence in accordance to its domestic law. In Kozlowski, 762 the Court was asked to clarify the meaning of the terms ‘resident’ or ‘staying in’ for the purposes of Article 4(6) of the Framework Decision. Mr. Kozlowski had been sentenced in Poland on 28 May 2003 to five months imprisonment for destruction of another person’s property. The sentence had become final but was not executed immediately. Since 10 May 2006, Mr. Kozlowski was imprisoned in Stuttgart (Germany) where he was serving a custodial sentence of 3 years and 6 months to which he was sentenced by two judgments of the Amtsgericht Stuttgart, dated 27 July 2006 and 25 January 2007, in respect to 61 fraud offences committed in Germany. On 18 April 758 Article 4 (1)(2)(3)(4)(5)(6)and (7), ibid.. 759 Article 5(1), ibid.. 760 Article 5(2), ibid.. 761 Article 5(3), ibid.. 762 Case 66/08 Proceedings concerning the execution of a European arrest warrant issued against Szymon Kozlowski ECR I-06041 [2008]. 204
2007, Polish authorities requested the German authorities to surrender Mr. Kozlowski, who did not consent to his surrender. The German executing authorities informed Mr. Kozlowski that they did not intend to raise any ground for non-execution, taking into account that he did not have habitual residence in Germany, his successive periods of residence were characterised by the commission of several crimes, he was single and childless, had no command of the German language, had grown up and lived in Poland until the end of 2003, and only from February 2005 until May 2006 had lived in Germany—with some interruptions. Providing guidance in relation to the meaning of the terms ‘resident’ or ‘staying in’, for the purposes of Article 4(6) of the Framework Decision, the Court explained that first, the provision has the goal of enabling the executing authority to consider the person’s chances of reintegrating into society. 763 Accordingly, it should cover situations in which the person in question either has established his actual place of residence in the executing Member State or has acquired, following a stable period of presence, connection with that State which is of a similar degree to those resulting from residence. The Court further clarified that, in order to determine whether, in a specific situation, there is such a connection between the person concerned and the executing Member State, it is necessary to make an overall assessment of the objective factors characterising the person’s situation—such as the length, nature and conditions of his presence, and the family and economic connections which he has with that State. 764 The Court also noted that neither the fact that a person systematically commits crimes in the executing Member State nor the fact that he is in detention there, serving a custodial sentence, is a relevant factor in this regard. 765 Finally, the Court declared that Member States are not entitled to adopt a broader meaning, in this case of the term ‘staying in’, than that which derives from the Court’s uniform interpretation. 766 763 Para 44 of the judgment, ibid.. 764 Para 48 and 54, ibid.. 765 Para 51, ibid.. 766 Para 43, ibid.. 205
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The London School of Economics and
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Abstract This thesis addresses the
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However, the journey of writing thi
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3. The scope of intervention: the e
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4. The emergence and development of
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Introduction: The nature of Europea
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This dissertation seeks to advance
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account as a reference. Indeed, sev
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Whilst the distinctive criteria of
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it makes sense to consider the doma
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creation of summary offences tried
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want to be talking about a simple a
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contemporary societies that primari
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influence on Member States to intro
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But what defines these Euro-crimes
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significantly broader range of crim
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legal orders that punish more sever
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enforcement agencies were keen to e
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framed. 98 The principle of direct
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obligations were further confirmed
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Moreover, other realms of interacti
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Hence, the Court, whilst recognisin
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for some understanding of the first
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“The Commission’s efforts and i
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trafficking), and especially about
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The central actors in the Trevi fra
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justice and home affairs matters un
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Likewise, the Programme of Action t
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means to repatriate third country n
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“Each Member State shall take app
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“For that purpose, whilst the cho
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limiting national criminal law, it
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“…synthesis of the arrangements
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of Action relating to the reinforce
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the single market and the consequen
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Rather limited in scope and depth,
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The need for more openness in the w
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not subject to control or enforceme
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the individual. The building of a m
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Initiatives ranged from the creatio
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etween police forces in matters of
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evenue. 298 Along the same lines, t
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identified in the TEU(M) It was see
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esponsible for the formalisation of
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Indeed, already in 1996, organised
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Finally, besides the political and
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particularly those initiatives that
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and drug trafficking, hence giving
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trade. 356 The Court continued by n
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well as the first protocol. 366 The
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crime is a fluid concept, with loos
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means of transport, telecommunicati
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Chapter 3 The evolution of European
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1. Treaty of Amsterdam: expansion a
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positions would be suited to define
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The author noted how it was adopted
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2. The new scope of European Union
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these political declarations, which
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thirty years and epitomises and imp
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phenomenon and of the multifaceted
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within the scope of instruments alr
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Furthermore, the criminalisation of
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interests (in this case the single
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More notably, the most significant
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The Court decided with the Commissi
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Regardless of the Court having plac
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in particular fields, thus solidify
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However, competence to enact legisl
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months) to third-country national v
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derogations); 525 others proposed f
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ecognition of national sentences, p
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2. The features of the new supranat
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criminal matters and, if necessary,
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with a cross border dimension. Ther
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question of ‘why criminal law’,
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e affected by ECL law. 562 This dec
Page 153 and 154: Chapter 4 Harmonisation of national
Page 155 and 156: Harmonisation was felt to be necess
Page 157 and 158: matters. Indeed, the European Union
Page 159 and 160: This provision portrays a criminal
Page 161 and 162: “a structured group of three or m
Page 163 and 164: development is in line with the rea
Page 165 and 166: economic loss; (e) seizure of aircr
Page 167 and 168: Framework Decision, which obliged t
Page 169 and 170: possession, among others. 630 A stu
Page 171 and 172: Again, the EU’s provision was bro
Page 173 and 174: liability is a sensitive issue whic
Page 175 and 176: 3.2. A focus on minimum maximum pen
Page 177 and 178: the threshold demanded by EU law. T
Page 179 and 180: of ensuring a degree of homogeneity
Page 181 and 182: Framework Decision on trafficking i
Page 183 and 184: inging about a harsher criminal law
Page 185 and 186: extraterritoriality to nothing less
Page 187 and 188: development of the single market -
Page 189 and 190: “(… )involves the recognition o
Page 191 and 192: These changes in extradition across
Page 193 and 194: arguments against extradition of na
Page 195 and 196: To be sure, concerns with fundament
Page 197 and 198: text of the preamble does not amoun
Page 199 and 200: States should not have to use their
Page 201 and 202: e partly explained by the fact that
Page 203: “Confidence in the application of
Page 207 and 208: With these judgements, the Court st
Page 209 and 210: does not deem the acts in question
Page 211 and 212: discretion in Title VI TEU(A), one
Page 213 and 214: Such reasoning led the Court to con
Page 215 and 216: was committed by a national abroad
Page 217 and 218: Furthermore, the list of types of o
Page 219 and 220: “without any further formality be
Page 221 and 222: An EEW can only be issued with the
Page 223 and 224: “The competent authorities in the
Page 225 and 226: prisoners with the view of ‘facil
Page 227 and 228: The preamble explains this choice b
Page 229 and 230: 3.3.3 Probation and alternative san
Page 231 and 232: prosecuted elsewhere in the EU. Rat
Page 233 and 234: of drugs between two Schengen count
Page 235 and 236: definitely bar further prosecution
Page 237 and 238: Conclusion The introduction and dev
Page 239 and 240: Chapter 6 Conclusion: Towards a Eur
Page 241 and 242: Measures adopted along these narrat
Page 243 and 244: implementation of Union policies. 9
Page 245 and 246: persons acting together; in the fra
Page 247 and 248: policies appeared as the main crite
Page 249 and 250: preceding any legislative proposal,
Page 251 and 252: suggests that mutual recognition wi
Page 253 and 254: clear in relation to the EAW. In fa
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It is beyond the scope of this thes
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Furthermore, Article 6 TEU(L) confe
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that may endanger his or her life,
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communication upon arrest 1012 is u
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penal values in the future. Similar
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Member State of execution, irrespec
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as how long the individual concerne
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6. A renewed challenge for coherenc
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Bibliography Books and articles Aba
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Deen-Racsmany, D., “The European
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Hinarejos, A., Spencer, J.R., and P
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Xanthaki (eds) Towards a European C
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Szymanski, J., “Discretionary Pow
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Legislation and other sources by ty
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Council Directive 91/477/EEC of 18
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Joint Action 96/602/ JHA of 14 Dece
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Proposals Portuguese Republic, Init
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supervision order in pre-trial proc
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Council Doc. 9067/06 on the Proposa
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Case C-186/98 Criminal proceedings
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Agreement on the Application betwee
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Websites and links http://www.eurow
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