Course: European Criminal Law SS 2009 Hubert Hinterhofer

Lisbon Treaty Fundamentals – Agreed on October 2007: “European Council” (summit of the Heads of State) in Lisbon – Formally signed in December 2007 – Ratification in 26 MS completed – Exception: Ireland (2nd referendum in fall 2009) – Completes the institutional reform

Lisbon Treaty Structural Changes – No use of the term “constitution” – Amendment of the EC and the EU-Treaty Changes – EU as a legal entity – Abolishment of the complex Three Pillars- Structure (are merged together)

Lisbon Treaty Structural Changes – Decision making New rule of double majority – 15 MS – 65% of the EU-population – Entry into force: 2014 (at the earliest) Co-Decision-Rule – Council and European Parliament together – Increase of powers of the European Parliament

Lisbon Treaty Structural Changes – Stable Presidency of the EU 2,5 years Renewable once – High Representative of the EU for Foreign Affairs and Security Policy

Lisbon Treaty Relevant Changes Relating to Criminal Law – Abolishment of the Pillar-Structure – Criminal Law as part of the “Treaty on the Functioning of the EU (TFEU)” – EU Charter of Fundamental Rights will be legally binding for all MS and for all EU-Institutions – Co-Decision-Procedure Commission: right to submit initiatives Joint decision-making powers between Council and European Parliament Council: qualified majority voting (15 MS; 65% of the EU population)

Lisbon Treaty Relevant Changes Relating to Criminal Law – Participation of the Parliaments of the MS in the decision making process Competence to examine conformity with the principles of Subsidiarity and Proportionality – ECJ General jurisdiction within all fields of criminal law Contract violation proceedings Preliminary ruling easier Judgment regarding questions in pending trials in the MS (regarding persons in custody)

Lisbon Treaty Relevant Changes Relating to Criminal Law – European Public Prosecutor To be introduced by the Council Part of Eurojust Crimes affecting the financial interests of the EU Extension of powers possible Could be installed by enhanced cooperation of at least 9 MS – Supranational European Criminal Law Regarding the protection of the financial interests of the EU If necessary also by means of regulations (?)

Lisbon Treaty Relevant Changes Relating to Criminal Law – Opt-out clause for the UK, Ireland and Denmark Relating to closer cooperation in criminal matters Problematic – “Emergency Brake” Compensation for the MS to give up their current right to veto in the Third Pillar Suspension of the ordinary legislative procedure MS: legislative proposals affects fundamental aspects of its legal system Proposal then referred to the “European Council” (Heads of State)