This monograph is the first comprehensive analysis of the impact of
the entry into force of the Treaty of Lisbon on EU criminal law. By
focusing on key areas of criminal law and procedure, the book
assesses the extent to which the entry into force of the Lisbon
Treaty has transformed European criminal justice and evaluates the
impact of post-Lisbon legislation on national criminal justice
systems. The monograph examines the constitutionalisation of EU
criminal law after Lisbon, by focusing on the impact of
institutional and constitutional developments in the field
including the influence of the EU Charter of Fundamental Rights on
EU criminal law. The analysis covers aspects of criminal justice
ranging from criminalisation to judicial co-operation to
prosecution to the enforcement of sanctions. The book contains a
detailed analysis and evaluation of the powers of the Union to
harmonise substantive criminal law and the influence of European
Union law on national substantive criminal law; of the evolution of
the Europeanisation of prosecution from horizontal co-operation
between national criminal justice to forms of vertical integration
in the field of prosecution as embodied in the evolution of
Eurojust and the establishment of a European Public Prosecutor's
Office; of the operation of the principle of mutual recognition (by
focusing in particular on the European Arrest Warrant System) and
its impact on the relationship between mutual trust and fundamental
rights; of EU legislation in the field on criminal procedure,
including legislation on the rights of the defendant and the
victim; of the relationship between EU criminal law and citizenship
of the Union; and of the evolution of an EU model of preventive
justice, as exemplified by the proliferation of measures on
terrorist sanctions. Throughout the book, the questions of the UK
participation in Europe's area of criminal justice and the
feasibility of a Europe a-la-carte in EU criminal law are examined.
The book concludes by highlighting the possibilities that the
Lisbon Treaty opens for the development of a new paradigm of
European criminal justice, which places the individual (and not the
state), and the protection of fundamental rights (and not security)
at its core.
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