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

Measures adopted along these narratives largely maintained their focus on Euro-crimes.
On the other hand, however, with the introduction of the principle of mutual recognition
in criminal matters in 1999, the idea of ECL as centred in particular types of offences
and as developing around identifiable rationales faded as mutual recognition crafted
ECL as potentially involved and applicable to any type of criminality. Furthermore, this
thesis has shown how the legal mechanisms of ECL - harmonisation of national criminal
law and mutual recognition in criminal matters - have been contributing to a potentially
more severe penality by increasing levels of formal criminalisation, by facilitating
criminal investigation, prosecution and punishment beyond national borders and by
placing more pressure on more lenient States.
However, this thesis has also shown that in recent years, ECL slightly toned down the
punitive bias of sseveral measures, mostly in the realm of mutual recognition. This was
so as several legal instruments reintroduced the principle of dual criminality and began
to give consideration to other values such as the reintegration of offenders, for example.
Equally, the CJEU and the national judiciary adjudicated on a number of important
cases, which have clearly added qualifications as to whether and how some ECL
measures—and their punitiveness—are to be interpreted and incorporated in national
criminal justice systems. Furthermore, the entry into force of the Lisbon Treaty in 2009
deeply reshaped the EU’s architecture in criminal matters. Hence, this concluding
chapter will look at the most recent developments in the field, particularly after the entry
into force of the Treaty of Lisbon, suggesting that ECL will continue to expand in scope
and punitiveness. Nonetheless, the chapter will also highlight that criminalisation at the
EU level is beginning to follow more objective criteria and the field is becoming ever
more balanced as the protection of fundamental rights and the consideration of values,
such as reintegration of offenders, are becoming increasingly important. This indicates
that the future of ECL will be constructed on a dialogue between punitiveness and
individual rights. The chapter will further suggest that the greatest challenge for the
future of ECL will be one of maintaining its fragile coherence and not falling into
increasing patterns of fragmentation.
1. The dynamics of European Union Criminal Law after Lisbon: a continuously
expanding field
It was shown throughout this thesis that the evolution of ECL was always deeply
constrained by the Union’s institutional structures (or lack thereof). In particular, the
EC’s lack of competence (as asserted by the TEU(M)(A)) to act in criminal matters and
the extent of the competence attributed to the EU, made a significant difference
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