1. European Criminal Law after Lisbon EUSCLPV doc.dr.sc. Sunčana Roksandić Vidlička March 17, 2016

2. Lisbon Treaty 2007 Entered into force: December, 1 2009, TEU;TFEU EU The legal effects of acts adopted before the Treaty of Lisbon came into force, preserved until those acts are repealed, amanded annuled or amended in implementation of the Treaties (TP, art. 9) FD – conversion into Directives. CJEU – jurisdiction for matters concering the AFSJ (e.g. MS sanctioned if failed to implemet or correctly transpose EU police or CJ measure) - 5 year transitional period

3. Shared competence Shared competence between EU and MS All legislative proposals and initiatives comply with principles of subsidiarity and proportionality (art. 69 TFEU); wide consultation (Sub. and Prop. Protocol, art. 9)

4. AFSJ, Title V TFEU -art 67(1), the Union shall constitute an AFSJ with respect to fundamental rights and different legal systems and traditions of the MS 67(3) Union: - ensure a high level of security: - Prevent and combat crime, racism nad xenophobia -Coordination and cooperation between police and judicial authorities and other competent authorities -Enable mutual recognition of judgments in criminal matters -If necessary, approximation of criminal law

5. Approximation of criminal law Judicial cooperation and procedural matters (art 82 TFEU) Substantive criminal law (art 83 TFEU) - Establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis

6. General part? Offences? Intent, negligence, aiding and abetting... Minimum maximum sentences, minimum sentences Exhaustive list: terrorism, TH, sexsual exploitation of women and children, illicit drug trafficing, illicit arms trafficing, money laundering, corruption, counterfeiting ofmeans of paymnet, computer crime and organized crime

7. Other crimes? Art 83(1) Other areas of crime that meet the criteria specified in the paragraph -Contingent upon anonimity and consent of the EP -Laws are created only by directives, ordinary legislative procedure (Council (15 MS;15 65% of population) and Parliament, art294 TFEU)

8. Art 83 (2) Create laws in order to ensure the effectivness of its policies (ECJ, environmental crimes and ship pollution cases, trade disparaties) Directives may be adopted in order to establish minimum rules concerning the definition of the crim. offences and sanctions in the area which has been subject to harmonization measures IF essential...

9. Other crimes Racism and xenophobia Illigal entry and residency Environmental crime Protection of the EU Finacial inerest

10. Sufficient, selfstanding legal base or with specific EU sectoral provision (dual base) Directive on insider trading only on Art 83(2)

11. 83(1) – qulified majority Council, codecision with the Parliament (OLP) 83(2) – same ordinary or legislative procedure that was followed for the adoption of the harmonization measures in question E.g. Tax fraud – art. 113 requires thatthe Council acts unanimously after consulting EP and the ESC. Opt/out...

12. Emergency brake Concerns of MS regarding national sovereignity (83(1)and 83(2) If MS considers that a draft directive would affect fundamnetal aspects of its criminal justice systems entitled to request refferal to the Council (suspension of ordinary leg. proc, concensus) Fast-track: 9 MS enhanced cooperation on the basis of the draft directive (art 20(2), 329(1))

13. Other legal basis (TFEU) Art 67 – general CL competence in the AFSJ Art 83 – detailed rules, lex specialis Art 75 – competence to adopt measures necessary to achieve the objectives set out in the Art 67 as regards preventing terrorism and related activites (freezing of funds, admin. Measures...): financing of terrorism Art 325 (4): fight against fraud in connection to the EU budget Art 114: approximation oflaws which have as their object the establishment and proper functiong of the internal market

14. Art 84: mesures to promote and support the action of the Msin the filed of crime prevention Art 85: EUROJUST Art: 86: EPPO