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

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Joint Positions Joint Position 96/196/JHA of 4 March 1996 defined by the Council on the basis of Article K.3 of the Treaty on European Union on the harmonized application of the definition of the term 'refugee' in Article 1 of the Geneva Convention of 28 July 1951 relating to the status of refugees, OJ L 63/2 [1996]; Joint Position 96/622/JHA of 25 October 1996 defined by the Council on the basis of Article K.3 (2) (a) of the Treaty on European Union, on prefrontier assistance and training assignments, OJ L 281/1 [1996]. Decisions Council Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis for the purposes of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisiosn which constitute the acquis, OJ L176/1 [1999]. Council Decision 1999/436/EC of 20 May 1999 determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis, OJ L 176/17 [1999]. Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis, OJ L131/43 [2000]. Council Decision 2002/192/EC of 28 february 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis, OJ L 64/20 [2002]. Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland, OJ L395/70 [2004]. Council Decision of 28 February 2002 which set up Eurojust with a view to reinforce the fight against serious crime, OJ L 63/1 [2002]. Resolutions Council Resolution of 26 October 1996 laying down the priorities for cooperation in the field of justice and home affairs for the period from 1 July 1996 to 30 June 1998, OJ C319/1 [1996]. Council Resolution of 18 December 1997 laying down the priorities for cooperation in the field of justice and home affairs for the period from 1 July 1996 to 30 June 1998 to the date of entry into force of the Treaty of Amsterdam, OJ C 11/1 [1998]. Council Resolution of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, OJ C 295/1 [2009]. Council Resolution of 10 June 2011 on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings, OJ C186/1 [2011]. 286
Proposals Portuguese Republic, Initiative of the Portuguese Republic with a view to adopting a Council Framework Decision on standing of victims in criminal procedure, OJ 243/02 [2000]. Council of the European Union, Draft Framework Decision relating to money laundering, identification, tracing, freezing or seizing and confiscation of instrumentalities and proceeds from crime, Doc 11305/00, 23 September 2000. French Republic, Initiative of the French Republic with a view to the adoption of a Council Framework Decision on the strengthening of the penal framework to prevent the facilitation of authorised entry and residence, OJ C 243/3 [2000]. European Commission, Proposal for a Framework Decision on trafficking human beings, COM(2000)854 final/2, Brussels, 22 January 2001. European Commission, Proposal for a Directive of the European Parliament and of the Council on the Protection of the Environment through Criminal Law, COM(2001)139final, Brussels, 15 March 2001. European Commission, Proposal for a Directive of the European Parliament and of the Council on the criminal law protection of the Communities’ financial interests, COM(2001)272final, Brussels, 23 May 2001. European Commission, Proposal for a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, COM(2001)259 final, Brussels, 23 May 2001. European Commission, Proposal for a Council Framework Decision on combating terrorism, COM(2001)521 final, Brussels, 19 September 2001. European Commission, Proposal for a Framework Decision on combating trafficking in human beings and Proposal for a Framework Decision on combating the sexual exploitation of children and child pornography, COM(2000)854 final/2, Brussels, 22 January 2001. European Commission, Proposal for a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, COM(2001)259 final, Brussels, 23 May 2001. European Commission, Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States, COM(2001)522 final/2, Brussels, 29 September 2001. Council of the European Union, Draft Framework Decision on the protection of the environment through criminal law /Draft Directive on the protection of the environment through criminal law, Doc 10031/01, Brussels, 15 June 2001. United Kingdom, French Republic and Kingdom of Sweden, Initiative of the United Kingdom, the French Republic and the Kingdom of Sweden with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties, OJ C 278/06 [2001]. European Commission, Proposal for a Council Framework Decision on attacks against information systems, COM(2002)173 final, Brussels, 19 April 2002. Kingdom of Denmark, Initiative of the kingdom of Denmark with a view to the adoption of a Council Framework Decision on combating corruption in the private sector, Doc 9953/02, 14 June 2002, OJ C 184/04 [2002]. European Commission, Proposal for a Council Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution, COM(2003)227 final, Brussels, 2 May 2003. Hellenic Republic, Initiative of the Hellenic Republic for the adoption of a Framework Decision of Council on the application of the ‘ne bis in iden’ principle, Document 6356/03, Brussels, 13 February 2003. European Commission, Proposal for a Framework Decision on certain procedural rights in criminal proceedings throughout the European Union, COM(2004)328, Brussels, 28 April 2004. European Commission, Proposal for a Council Framework Decision on the fight against organised crime, COM(2005)6 final, Brussels, 19 January 2005. 287
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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
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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
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“without any further formality be
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An EEW can only be issued with the
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“The competent authorities in the
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prisoners with the view of ‘facil
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The preamble explains this choice b
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3.3.3 Probation and alternative san
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prosecuted elsewhere in the EU. Rat
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of drugs between two Schengen count
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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
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Page 245 and 246: persons acting together; in the fra
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Page 249 and 250: preceding any legislative proposal,
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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,
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Page 263 and 264: penal values in the future. Similar
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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: Joint Action 96/602/ JHA of 14 Dece
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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