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

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In other words, the real impact of mutual recognition does not depend on a correct implementation alone - it depends also on the use Member States make of these new EU tools (Poland’s use of the EAW was a case in point). Ultimately, this will determine whether the future tone of mutual recognition will continue to be a punitive one or if, on the contrary, Member States will resort to the more moderate options given by mutual recognition (pre-detention and probation transfers, for example). 238
Chapter 6 Conclusion: Towards a European Union Criminal Policy 1. A changing penal world In the past decades criminal justice systems around the world have undergone significant changes. As David Garland has suggested there has been a growing sense that the State could no longer cope effectively with crime control by itself. 906 Thus, internally, the State began to devolve some crime prevention and crime control responsibilities to civil society, which became increasingly involved in criminal matters. 907 Externally, it began to seek transnational alliances in order to face an increasingly globalised world with new intertwined patterns of criminality between States and continents, which in turn brought about new perceived threats that the States struggled to tackle alone. 908 Terrorism and organised crime in particular played to this idea of the insufficiency of the State’s response to crime at the national and, more so, at international level. Since the 1960s, ideas of organised crime threats in countries like the US and Italy have travelled across continents and played to the mind of the public, politicians and legislators. 909 Similarly, both in the 1970s and at the beginning of the new millennium, terrorism led to a new impetus in international cooperation and, equally, to a re-empowering of the State at a domestic level. 910 This has had political and legal repercussions and has brought about new tensions. In particular, in the light of these threats, academics, political actors and commentators have taken opposite stances between, as Walker and Loader explain, those who believe that Western humanist and liberal democracies face new, unprecedented threats to their values and that urgent decisive measures ought to be taken and those that, on the contrary, believe governments are reacting ‘selectively’ to threats in ways that shake long standing democratic principles and rights. 911 906 D. Garland, “The limits of the Sovereign State”, supra note 1. 907 L. Johnston and C. Shearing, Governing Security, supra note 49. 908 Baker and Roberts note how globalisation has contributed to the promotion of some short-term punitive policies, to the harmonisation of problems and responses and an acceleration of transfer of penal policies across different systems. These common trends however do not imply that globalisation will always have those effects across jurisdictions. E. Baker and J. Roberts, “Globalisation and the new punitiveness” in J. Pratt et al. (eds) The New Punitiveness (Portland: Willan Publishing, 2005) 122,136. See also D. Nelken, “The Globalization of Crime and Criminal Justice, Prospects and Problems”, supra note 605. 909 V. Mitsilegas, “From National to Global, From Empirical to Legal: The Ambivalent Concept of Transnational Organized Crime”, supra note 595. 910 K. Nuotio, “Terrorism as a Catalyst for the Emergence, Harmonization and Reform of Criminal Law”, supra note 620. 911 I. Loader and N. Walker, Civilizing Security (Cambridge: Cambridge University Press, 2007) 2. See also L. Lazarus and B. Goold, “Introduction: Security and Human Rights” in B. Goold and L. Lazarus (eds) Security and Human Rights (Oxford and Portland: Hart Publishing, 2007) 2- 8. For a similar opinion on the tension between opposite fears brought about by the globalisation of crime – mostly in the context of organised crime see D. Nelken, “The Globalization of Crime and Criminal Justice, Prospects and Problems”, supra note 605, 253-255. For an argument challenging the idea that the threats faced today are so unprecedented that they cannot be fought 239
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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
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Chapter 4 Harmonisation of national
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Harmonisation was felt to be necess
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matters. Indeed, the European Union
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This provision portrays a criminal
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“a structured group of three or m
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development is in line with the rea
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economic loss; (e) seizure of aircr
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Framework Decision, which obliged t
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possession, among others. 630 A stu
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Again, the EU’s provision was bro
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liability is a sensitive issue whic
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3.2. A focus on minimum maximum pen
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the threshold demanded by EU law. T
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of ensuring a degree of homogeneity
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Framework Decision on trafficking i
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inging about a harsher criminal law
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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 and 204: “Confidence in the application of
Page 205 and 206: 2007, Polish authorities requested
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: Conclusion The introduction and dev
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
Page 255 and 256: It is beyond the scope of this thes
Page 257 and 258: Furthermore, Article 6 TEU(L) confe
Page 259 and 260: that may endanger his or her life,
Page 261 and 262: communication upon arrest 1012 is u
Page 263 and 264: penal values in the future. Similar
Page 265 and 266: Member State of execution, irrespec
Page 267 and 268: as how long the individual concerne
Page 269 and 270: 6. A renewed challenge for coherenc
Page 271 and 272: Bibliography Books and articles Aba
Page 273 and 274: Deen-Racsmany, D., “The European
Page 275 and 276: Hinarejos, A., Spencer, J.R., and P
Page 277 and 278: Xanthaki (eds) Towards a European C
Page 279 and 280: Szymanski, J., “Discretionary Pow
Page 281 and 282: Legislation and other sources by ty
Page 283 and 284: Council Directive 91/477/EEC of 18
Page 285 and 286: Joint Action 96/602/ JHA of 14 Dece
Page 287 and 288: 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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