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

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Republic of Cyprus and Romania, Declaration by the Republic of Cyprus and Romania on their acceptance of the Jurisdiction of the Court of Justice of the European Union to give preliminary rulings on the acts referred to in Article 35 of the Treaty on European Union, OJ L 56/14 [2010]. Note from Belgium, France, Ireland, the Netherlands and the United Kingdom to the Proposal for a Directive of access to a lawyer in criminal proceedings and on the right to communicate upon arrest, Doc 14495/11, Brussels, 22 September 2011. European Parliament, Report on a EU approach on criminal law (2010/2310(INI)), Committee on Civil Liberties, Justice and Home Affairs, 24 April 2012. Viviane Reding, ‘Crime and Punishment: Using criminal law to support growth and economic recovery’, Speech to the Expert Group on EU Criminal Policy, Inaugural Meeting, Brussels, 19 June 2012. Cases from the Court of Justice of the European Union and the General Court Case 26/62 Van Gend en Loos v Netherlands Inland Administration [1963] ECR 1. Case 6/64 Costa v Enel [1994] ECR 1141. Case 41/74 Van Duyne v Home Office [1974] ECR 1337. Case 2/74 Reyners v Belgium [1974] ECR 631. Case 12/74 Transocean Marine Paint v Commission [1974] ECR 1063. Case 43/75 Defrenne v Sabena [1976] ECR 455. Case 118/75 Lynne Watson and Alessandro Belmann [1976] ECR 1185. Case 41/76 Suzanne Criel, née Doncerwolcke and Henri Schou v Procureur de la republique au tribunal de grande instance de Lille and Sirector General of Customs [1976] ECR 1921. Case 50/76 Amsterdam Bulb [1977] ECR 137. Case 52/77 Leonce Cayrol v Giovanni Rivoira & Figli [1977] ECR 2261. Case 83/78 Pigs Marketing Board v Raymond Redmond [1978] ECR 2347. Case 269/80 Regina v Robert Tymen [1981] ECR 269. Case 203/80 Criminal proceedings against Guerrino Casati [1981] ECR 1981. Case 21/81 Criminal proceedings against Daniel Bout and BV I. Bout en Zonen [1982] ECR 381. Case 14/83, S. von Colson and E. Kamann v Land Nordrhein-Westfalen [1984] ECR 1891. Case 63/83 R v Kent Kirk [1984] ECR 2629. Case 121/85 Conegate v HM Customs & Excise [1986] ECR 1007. Case 222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651. Cases C-80/86 Criminal proceedings against Kolpinghuis Nijmegen [1987] ECR 3969. Case 186/87 Ian William Cowen v Trésor Public [1989] ECR 195. Case 68/88 Commission v Greece [1989] ECR 2965. Joint Cases 374/87 and 27/88 Orkem εt Solvay v Commission [1989] ECR 3283. Case T-194/94 John Carvel and Guardian newspapers ltd v Council [1995] ECR II- 02765. Joined Cases C-358/93 and C-416/93 Aldo Bordessa v Vicente Marí Mellado and Concepción Barbero Maestre [1995] ECR I-376. Case C-387/93 Criminal proceedings against Giorgio Domingo Banchero [1995] ECR I-4683. Case C-193/94 Criminal proceedings against Sofia Skanavi and Konstantin Chryssanthakopoulos [1996] ECR I-929. C-168/95 Criminal proceedings against Luciano Arcaro [1996] ECR I-4705. Case C-265/95 Commission v France [1997] ECR I-6959. Case T-105/95 WWF UK v Commission [1997] ECR II-00313. Case T-174/95 Svenska Journalistforbundet v Council [1998] ECR II-02289. 292
Case C-186/98 Criminal proceedings against Maria Amélia Nunes and Evangelina de Matos [1999] ECR I-4890. Joined Cases C-187/01 and C-385-01, Criminal proceedings against Gozotuk and Brugge [2003] ECR I-345. Case C-457/02 Criminal proceedings against Antonio Nisselli [2004] ECR I-10853. Joint Cases C-387/02, C-391/02, C-403/02 Criminal proceeeings against Silvio Berlusconni and others [2005] ECR I-3565. Case C-176/03 Commission v Council [2005] ECR I-07879. Case C-105/03 Criminal proceedings against Maria Pupino [2005] ECR I-5285. Case C-436/04 Criminal proceedings against Van Esbroeck [2006] ECR I- 2333. Case C-467/04 Criminal proceedings against Gasparini [2006] ECR I-9199. Case C-150/05 Van Straaten v Netherlands [2006] ECR I-9327. Case C-440/05 Commission v Council [2007] ECR I-9097 Case C-288/05 Criminal proceedings against Ketzinger [2007] ECR I-6441. Case C-303/05 Advocaten voor de Wereld [2007] ECR I 3672. Case C- 440/05 Commission v Council [2007] ECR I-9097. Case C-14/07 Weiss v Industrie – und Handelskammer Berlin [2007] ECR I-3367. Cases C-402 and 415/05 P Kadi & Al Barakaat International Foundation v Council and Commission [2008] ECR I-6351. Case C-388/08 PPU Criminal proceedings against Artur Leymann and Aleksei Pustovarov ECR I-08993 [2008]. Case 66/08 Proceedings concerning the execution of a European arrest warrant issued against Szymon Kozlowski [2008] ECR I-06041. Case C-388/08 PPU Criminal proceedings against Artur Leymann and Aleksei Pustovarov [2008] ECR I-08993. Case C-123/08 Proceedings concerning the execution of a European arrest warrant issued against Dominic Wolzenburg [2009] ECR I-09621. Case C-133/08 ICF v BV [2009] ECR I-9687. Case C-123/08 Proceedings concerning the execution of a European arrest warrant issued against Dominic Wolzenburg ECR I-09621 [2009]. Case C-45/08 Specter Photo Group NV v CBFA [2009] ECR I-12073. Case C-344/08 Rubach [2009] ECR I-7033. Case C-305/05 Ordre des barreaux francofones et al v Council [2009] ECR I-5305. Case C-306/09 Proceedings concerning the execution of a European arrest warrant against I.B. ECR I-10345 [2010]. Case C-261/09 Proceedings concerning the execution of a European arrest warrant issued in respect to Gaetano Mantello [2010] ECR I-11477. Case C-145/09 Land Baden-Württemberg v Panagiotis Tsakouridis [2010] ECR I-11979. Joined Cases C-483/09 and C-1/10 Gueye and Salmeron Sanchez, 15 September 2011, decision not yet published. Case C-29/10 Heiko Koelzsch v Luxembourg [2010] ECR I-01595. Joined Cases C-411/10 and C-493/10 N.S. v Secretary of State, Judgment of the Court of 21 December 2011, not yet published. Case C-348/09 P.I. v Oberburgermeisterin der Stadt Remscheid, 22 May 2012, not yet published. Case C-42/11 Proceedings concerning the execution of a European arrest warrant issued against João Pedro Lopes da Silva Jorge, 5 September 2012, not yet published. Case C-192/12PPU Proceedings concerning the execution of a European arrest warrant issued in respect of Melvin West, 28 June 2012, not yet published. Advocate General Conclusions Opinion of Advocate General Lenz of 9 July 1997, Case C-265/95 Commission v France [1997] ECR I-6959. 293
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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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definitely bar further prosecution
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Conclusion The introduction and dev
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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,
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
Page 289 and 290: supervision order in pre-trial proc
Page 291: Council Doc. 9067/06 on the Proposa
Page 295 and 296: Agreement on the Application betwee
Page 297: Websites and links http://www.eurow
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