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The Legitimacy of EU Criminal Law


ISBN13: 9781509944392
To be Published: January 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £36.99
Hardback edition , ISBN13 9781509919741



This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

Subjects:
International Criminal Law
Contents:
Introduction
I. The Emerging Debate on the Legitimacy of EU Criminal Law
II. How to Theorise on the Legitimacy of EU Criminal Law
III. The Practical Importance of (EU Criminal Law) Theory
IV. The Broader Reach of the Discussion on the Legitimacy of EU Criminal Law
1. Why Criminal Law? The Question of, and Models for, the Legitimacy of Criminal Law
I. Why is Criminal Law Special? A Consequence-Based Approach
II. The Need to Legitimate Criminalisation Choices
III. A (Liberal) Deontological Approach to the Legitimacy of Criminal Law
IV. A (Liberal) Utilitarian Approach to the Legitimacy of Criminal Law
V. A Joint Deontological-Utilitarian Approach to the Legitimacy of Criminal Law?
VI. The Doctrinal Character of the Debate on the Legitimacy of Criminal Law
VII. Conclusions
2. Why EU Criminal Law? The Question of, and the Models for, the Legitimacy of Supranational Criminal Law
I. Is the Debate on the Legitimacy of Criminal Law Relevant to the EU Legal Order?
II. What Do EU Constitutional Values and Principles Tell Us about the Legitimacy of EU Criminal Law?
III. Conclusions
3. Rationales for the Harmonisation and Legitimacy of EU Criminal Law
I. A Definition of Harmonisation as a Legal Process
II. Does Harmonisation Have an Inherent, Values-Based Dimension?
III. Harmonisation of National Criminal Law within the EU Legal Order
IV. The 'Values-Based' Criminalisation Rationale for Harmonisation: Deontological EU Criminal Law
V. The 'Justice', 'Free Movement' and 'Cooperation' Rationales for Harmonisation: Utilitarian EU Criminal Law
VI. The Socialising Rationale for Harmonisation: Utilitarian EU Criminal Law
VII. The 'Regulatory' Rationale for Harmonisation: Utilitarian EU Criminal Law
VIII. Conclusions
4. EU Competences on Securitised Criminalisation: From a Utilitarian to an Integrated Approach to EU Criminal Law
I. EU Criminalisation Competences: Securitised V Functional Criminalisation
II. A Utilitarian Legitimacy for EU Criminal Law under the Maastricht and Amsterdam Third Pillar
III. Integrated Legitimacy for EU Criminal Law under the Treaty of Lisbon
IV. Conclusions
5. EU Competences on Functional Criminalisation: The Route to Utilitarian EU Criminal Law
I. The Scope of EU Functional Criminalisation
II. The Early Case Law: Sanctioning Obligations and an Integrated Approach to Criminal Law
III. The Case Law in the 2000S: Criminalisation Obligations and an Integrated Approach to EU Criminal Law
IV. The Treaty of Lisbon: The Final (Utilitarian) Word
V. Conclusions
6. From Tampere to Stockholm: The Path towards Integrated Legitimacy
I. The Utilitarian Approach to Criminal Law in Pre-Lisbon Justice and Home Affairs Programmes
II. The Integrated Approach in the 2009 Stockholm Justice and Home Affairs Programme
III. The Silence in the 2014 Justice and Home Affairs Strategic Guidelines
IV. The EU Criminalisation Policy Documents: The Core of the Discussion
V. The Shift from a Utilitarian to an Integrated Approach in Policy Documents
VI. Conclusions
7. Legitimating EU Criminal Law in Practice: The Case of Racism and Xenophobia, Market Abuse and PIF Crimes
I. The Patchwork Structure of EU Criminal Law and the Choice of Case Studies
II. The 2008 Framework Decision on Racism and Xenophobia: Symbolic EU Criminal Law under Amsterdam
III. The 2014 Market Abuse Directive: Symbolic EU Criminal Law under Lisbon?
IV. The 2017 PIF Directive: An Integrated Legitimacy for EU Criminal Law?
V. Conclusions
8. Conclusions
I. The Long-Standing Doctrinal Debate on the Legitimacy of Criminal Law
II. The Relevance and Legal Dimensions of the Debate on the Legitimacy of EU Criminal Law
III. The EU Constitutional Values and Principles and the Legitimacy of EU Criminal Law
IV. The Specifics of the EU Criminalisation Process
V. The Main Argument of the Book: Symbolic EU Criminal Law in a Bureaucratic Criminal
Law Institutional Framework
VI. The Dangers of an Expansion of Non-legitimate EU Criminal Law

Series: Hart Studies in European Criminal Law

EU Fair Trial Rights in Criminal Proceedings ISBN 9781509938643
To be published June 2022
Hart Publishing
£100.00
Corporations and the Privilege against Self-Incrimination ISBN 9781509953318
To be published May 2022
Hart Publishing
£85.00
Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509944958
Published February 2021
Hart Publishing
£36.99
The Principle of Mutual Trust in EU Criminal Law (eBook) ISBN 9781509924554
Published February 2021
Hart Publishing
£72.00
(ePub)
Buy
The Principle of Mutual Trust in EU Criminal Law ISBN 9781509924547
Published February 2021
Hart Publishing
£80.00
The Legitimacy of EU Criminal Law (eBook) ISBN 9781509919758
Published July 2020
Hart Publishing
£67.50
(ePub)
Buy
The Legitimacy of EU Criminal Law ISBN 9781509919741
Published July 2020
Hart Publishing
£75.00
The Needed Balances in EU Criminal Law: Past, Present and Future ISBN 9781509937493
Published April 2020
Hart Publishing
£45.00
£40.00
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509934744
Published November 2019
Hart Publishing
£35.00
£40.00
£35.00
Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook) ISBN 9781509914982
Published December 2018
Hart Publishing
£33.29
(ePub)
Buy
Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509914975
Published December 2018
Hart Publishing
£75.00
White Collar Crime: A Comparative Perspective ISBN 9781509917891
Published April 2018
Hart Publishing
£100.00
White Collar Crime: A Comparative Perspective (eBook) ISBN 9781509917907
Published April 2018
Hart Publishing
£90.00
(ePub)
Buy
The Needed Balances in EU Criminal Law (eBook) ISBN 9781509917020
Published December 2017
Hart Publishing
£40.50
(ePub)
Buy
Redefining Organized Crime: A Challenge for the European Union? ISBN 9781509904709
Published December 2017
Hart Publishing
£85.00
£36.00
(ePub)
Buy
The Needed Balances in EU Criminal Law ISBN 9781509917006
Published December 2017
Hart Publishing
£100.00
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
Published July 2017
Hart Publishing
£31.50
(ePub)
Buy
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509903351
Published July 2017
Hart Publishing
£70.00
£80.00
£36.00
(ePub)
Buy
£31.50
(ePub)
Buy
Challenges in the Field of Economic and Financial Crime in Europe and the US ISBN 9781509908035
Published February 2017
Hart Publishing
£75.00