EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.
Jannemieke Ouwerkerk, Ph.D. (2011), Tilburg University, is Professor of European Criminal Law at the Institute of Criminal Law and Criminology of Leiden University. Her research activities encompass the various branches of EU criminal law, such as cross-border cooperation and harmonisation of criminal law and criminal procedure, including the impact of EU criminal law on the criminal justice system of the Netherlands.
Judit Altena, Ph.D. (2016), Leiden University, is Assistant Professor of Criminal Law and Criminal Procedure at the Institute of Criminal Law and Criminology at Leiden University. Her research interests include EU substantive criminal law and its impact on Dutch criminal law.
Jacob Öberg, Ph.D. (2014), European University Institute, is Associate Professor in Law/Postdoctoral Fellow in Law at the Faculty of Law, Lund University. His research interests lie primarily in EU criminal law and EU constitutional law. His latest published monograph is entitled
Limits to EU Powers. A Case Study of EU Regulatory Criminal Law (Hart Publishing, 2017) and examines the limits of EU competences with particular references to EU criminal law.
Samuli Miettinen, LL.D. (2015), University of Helsinki is Associate Professor of Transnational Law at The School of Governance, Law and Society, Tallinn University. He has written widely on EU law and regulation, including its national application in Finland.
Foreword Notes on Contributors Introduction
Jannemieke Ouwerkerk, Judit Altena, Jacob Öberg and Samuli MiettinenPart 1To Criminalise or not to Criminalise? Legal and Criminological Approaches to the Criminalisation of Conduct in EU Law 1 EU Criminalisation, Its Normative Justifications, and Criminological Considerations for Criminal Policy and Justice
Nina Peršak 2 Evidence- Based Criminalisation in EU Law: Evidence of What Exactly?
Jannemieke Ouwerkerk 3 The Search for Evidence Relating to the Application and Impact of EU Legislation: Probing the National Experience
Christopher Harding & Joanna Beata Banach-Gutierrez 4 Tackling Breaches of Sale Contracts at EU Level: a Call for Change?
Sanne Buisman 5 Decriminalisation in the Law of the European Union
Valsamis MitsilegasPart 2How to Criminalise? Philosophy of Law and Cognitive Approaches to Criminal Legislation 6 Harmonising Legal Interests. Legal Interests under Criminal Law in a Multilevel Legal Order
Christine Cleiren & Jeroen ten Voorde 7 Categorising the Offence of Fraud against the Financial Interests of the European Union. A Law and Cognition Perspective
Willem Geelhoed 8 Criminalising Organised Crime on the EU Level: Understanding Crime through a Financial Aim Perspective?
Dafni LimaPart 3Reflections and Prospects on EU Criminal Justice after Lisbon 9 Repression – Reflections on EU Criminal Law
Thomas Elholm 10 A Realistic Agenda for Research and Regulation Relating to Crime Prevention
Nick Tilley 11 EU Procedural Criminal Law after Lisbon
Jacob Öberg Index
Scholars, students, policy makers and anyone else interested in the future of criminal law and EU law will benefit from the analyses and proposed solutions presented in this book.