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

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further integration in criminal matters could have a significant toll on legal certainty across the EU. The future coherence of European Union Criminal law will thus depend on how much the different actors are willing to keep new initiatives in a middle ground which would allow Member States and the EU to remain committed to a common idea of ECL. Future research in the field will certainly have to focus on the dialectic between these different strains. 270
Bibliography Books and articles Abadinsky, H., Organized Crime, 9th Edition (Belmont CA: Wadsworth, 2010). Alegre, S. and M. Leaf, M., European Arrest Warrant – a solution ahead of its time (London: Justice, 2003). Ambos, K., “Is the Development of a Common Substantive Criminal Law Possible (2005) 12 Some Preliminary Reflections” Maastricht Journal of European and Comparative Law 173-192. Anderson, M., Den Boer, M. (eds) Policing across national boundaries (London: Pinter Publications, 1994). Anderson., M., den Boer, M., Cullen, P., Gilmore, W., Raab, C., and Walker., N., Policing the European Union (Oxford: Clarendon Press, 1995). Araújo, J.F., “Conhecimentos Fortuitos no Âmbito do Registo de Voz e de Imagem”, Dissertação de Mestrado em Ciências Policiais, Instituto Superior de Ciências Policiais e Segurança Interna, Mimeo, Lisboa, 26 April de 2012. Askola, H., Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union (Oxford/ Portland: Hart Publishing, 2007). Baker, E., “Taking European criminal law seriously” (1998) Criminal Law Review 361- 380. Baker, E., and Roberts, J., “Globalisation and the new punitiveness” in J. Pratt, D. Brown, M. Brown, S. Hallsworth and W. Morrison (eds) The New Punitiveness (Portland: Willan Publishing, 2005) 121-138. Baker, E. and Harding, C. “From Past Imperfect to Future Perfect A longitudinal Study of the Third Pillar”(2009) 34 European Law Review 25-54. Baker, E., “The European Union’s ‘Area of Freedom, Security and (Criminal) Justice’ ten years on” (2010) 12 Criminal Law Review 833-850. Baker, E., “Governing Through Crime – the case of the European Union” (2010) 7 European Journal of Criminology 187-213. Baker, E., “The Emerging Role of the EU as a Penal Actor” in T. Daems, S. Snacken and D. van Zyl Smit (eds) European Penology Onati International Series in Law and Society (Oxford: Hart Publications, forthcoming - 2013). Beare, M. E., “Organized Corporate Liability: Corporate Complicity in Tobacco Smuggling”, in M. E. Beare (ed) Critical Reflections on Organized Crime, Money Laundering, and Corruption (Toronto: University of Toronto Press Incorporated, 2003) 183-206. Belfiore, R. “Movement of Evidence in the EU: The Present Scenario and Possible Future Developments”(2009) 17 European Journal of Crime, Criminal Law and Criminal justice 1-22. Benyon, J., Turnbull, L., Willis, A., Woodward, R., Beck, A., Police Co-operation in Europe: An Investigation (University of Leicester, Centre for the Study of Public Order, November 1993). Bernardi, A.F., “L’opportunite de l’harmonisation”, in M. Delmas-Marty, G. Giudicelli- Delage and E. Lambert-Abdelgawad (eds) L’harmonisation des sanctions penales en Europe (Paris: Societe de Legislation Compare, 2003) 451-464. Bigay, J. “Droit Communautaire et Droit Penal” (1972) 4 Revue trimestrielle du droit européen 725-734. Bigo, D., “L’Europe de la sécurité intérieure”, in D. Bigo (ed) L’Europe des Polices et de la Securite Interieure (Bruxelles: Editions Complexes,1992) 13-94. Bigo, D., "The European Internal Security Field: Stakes and Rivalries in a Newly Developing Area of Police Intervention", in M. Anderson, M. den Boer (eds) Policing Across National Boundaries (London: Pinter Publications, 1994) 161- 173. Borgers, M.J., and Kooijmans, T., “The Scope of Community’s Competences in the Field of Criminal Law” (2008) 16 European Journal of Crime, Criminal Law and Criminal Justice 379-395. 271
Page 1 and 2:
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
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development of the single market -
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“(… )involves the recognition o
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These changes in extradition across
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arguments against extradition of na
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To be sure, concerns with fundament
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text of the preamble does not amoun
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States should not have to use their
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e partly explained by the fact that
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“Confidence in the application of
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2007, Polish authorities requested
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With these judgements, the Court st
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does not deem the acts in question
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discretion in Title VI TEU(A), one
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Such reasoning led the Court to con
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was committed by a national abroad
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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
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: 6. A renewed challenge for coherenc
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
Page 289 and 290: supervision order in pre-trial proc
Page 291 and 292: Council Doc. 9067/06 on the Proposa
Page 293 and 294: Case C-186/98 Criminal proceedings
Page 295 and 296: Agreement on the Application betwee
Page 297: Websites and links http://www.eurow
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