EU Criminal Law Introduction, Lisbon Treaty

EU criminal legislation EU cannot adopt a general EU criminal code EU cannot adopt a general EU criminal code However, EU criminal legislation can add, within the limits of EU competence, important value to the existing national criminal law systems However, EU criminal legislation can add, within the limits of EU competence, important value to the existing national criminal law systems

Importance of EU criminal law Serious organised crime is committed across borders  prevent misuse of those EU countries with the most lenient legal systems and 'safe havens'. Serious organised crime is committed across borders  prevent misuse of those EU countries with the most lenient legal systems and 'safe havens'. By adopting minimum procedural rights standards and making the fight against crime more efficient, EU criminal law fosters citizens' confidence in the security throughout the EU By adopting minimum procedural rights standards and making the fight against crime more efficient, EU criminal law fosters citizens' confidence in the security throughout the EU Common rules strengthen mutual trust between EU countries and facilitate cooperation and mutual recognition of judicial measures. Common rules strengthen mutual trust between EU countries and facilitate cooperation and mutual recognition of judicial measures. EU criminal law helps to prevent and punish serious offences against EU law in certain policy areas (e.g. environment protection) EU criminal law helps to prevent and punish serious offences against EU law in certain policy areas (e.g. environment protection)

1st pillar: EC/EUROATOM Regulated the legal, political and economic structure of EC Joined internal and external policies: -free movement of goods -agriculture -environment …  Supranational character  Direct effect 2nd pillar: Foreign and Security Policy Intergovernmental cooperation 3rd Pillar: Justice and Home Affairs  Mixed method, relied mainly on intergovernmental cooperation MAASTRICHT TREATY 1992

AMSTERDAM TREATY rd Pillar is converted to Police and Judicial Cooperation in Criminal Matters: 3rd Pillar is converted to Police and Judicial Cooperation in Criminal Matters: Drug trafficking and weapons smuggling Drug trafficking and weapons smuggling Terrorism Terrorism Trafficking in human beings Trafficking in human beings Organised Crime Organised Crime The rest of the 3rd Pillar was transfered to the 1st Pillar: customs, asylum, visa, EU fraud… The rest of the 3rd Pillar was transfered to the 1st Pillar: customs, asylum, visa, EU fraud…

Lisbon Treaty 2007 Entered into force: 1st December Entered into force: 1st December Amends: - TEU (1992 Maastricht Treaty) Amends: - TEU (1992 Maastricht Treaty) - TEEC (1957 Rome Treaty)  TFEU - TEEC (1957 Rome Treaty)  TFEU Abolished the 3-pillar structure and created a unified legal system Abolished the 3-pillar structure and created a unified legal system Abolished framework decisions (no direct effect)  directives (direct effect) Abolished framework decisions (no direct effect)  directives (direct effect)

Sources of EU CrimLaw Sources of primary law Sources of secondary law -acts of Member States: -acts of EU institutions: Treaty on the EU, Regulations, Treaty on the Functioning of the EU. Directives, Decisions, Decisions, Opinions, Opinions, Recommendations. Recommendations.

Chap. 4 of TFEU: Judicial Cooperation in Criminal Matters Art. 82: mutual recognition of judgments and judicial decisions Art. 82: mutual recognition of judgments and judicial decisions Art. 83: Substantive Criminal Law Art. 83: Substantive Criminal Law Art. 84: measures to promote and support the action of Member States in the field of crime prevention Art. 84: measures to promote and support the action of Member States in the field of crime prevention Art. 85: EUROJUST Art. 85: EUROJUST Art. 86: European Public Prosecutor’s Office Art. 86: European Public Prosecutor’s Office

Article 82 TFEU Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in specific areas of criminal law. Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in specific areas of criminal law. Minimum rules for criminal matters with cross- border dimension by means of directives Minimum rules for criminal matters with cross- border dimension by means of directives

Article 83 TFEU Minimum rules defining particularly serious crimes with a cross-border dimension and establishing sanctions: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime Minimum rules defining particularly serious crimes with a cross-border dimension and establishing sanctions: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime +other crimes that meet the criteria +other crimes that meet the criteria

Fundamental aspects of national systems (83/3) Ordinary legislative procedure: Ordinary legislative procedure: Commission (proposal) Commission (proposal)  Council of Ministers & Parliament (codecision) Council of Ministers & Parliament (codecision) In case of a collision with fundamental aspects of national criminal justice system, ordinary procedure can be (temporarly) suspended by referring the draft to the European council In case of a collision with fundamental aspects of national criminal justice system, ordinary procedure can be (temporarly) suspended by referring the draft to the European council

Article 84 TFEU The European Parliament and the Council of Ministers, acting in accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States. The European Parliament and the Council of Ministers, acting in accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States.