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.
General
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