Union Regulatory Criminal Law Competence - Scope, Limits and Judicial Review
SIEPS 2015:4
122 Pages Posted: 5 Sep 2015
Date Written: September 4, 2015
Abstract
Liberal political theory, with its roots in the European enlightenment, has had profound impact on the classic-liberal criminal law movement all over Europe. The basic idea is that criminal law should be used to a minimum extent. Still, there is quite large diversity in the shaping of national criminal law systems in the EU Member States. In this environment, a critical debate has emerged amongst European scholars who object to the EU's newly gained power to enact criminal legislation. This report sheds light on the critique against how the EU gained its power in the area of criminal law. I also propose ideas on how the EU's mandate may be better controlled.
Keywords: EU regulatory criminal law, EU criminal law, limits, scope and judicial review
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