Criminal Justice beyond National Sovereignty. An Alternative Perspective on the Europeanisation of Criminal Law

in European Journal of Crime, Criminal Law and Criminal Justice
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Over the past few decades the competences of the eu to enact legislation in criminal matters have significantly increased. Member States and criminal law experts have raised concerns: to what extent can national sovereignty and domestic interests regarding criminal justice be preserved? This paper argues that the perspective of national sovereignty should not be the primary concern in criminal justice affairs in the eu. It is proposed that eu legal measures in this area are primarily judged on whether they in their entirety contribute to a reasonable balance between effective law enforcement and adequate judicial protection of individuals. From this perspective, recent developments potentially contribute to redressing the balance in eu criminal law.

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5

House of Commons 18 March 2014, bbc Democracy Live, available online at http://www.bbc.co.uk/democracylive/house-of-commons-26630349 (accessed 16 May 2014).

24

ECtHR July 7, 1989, Soering v. uk, appl. no. 14038/88, in particular para. 91.

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