The Development of EU Precautionary Criminalisation
European Criminal Law Review, No. 2, 2011
22 Pages Posted: 28 Aug 2011 Last revised: 11 Dec 2014
Date Written: November 6, 2009
In this paper, I will investigate three concepts which currently play a significant constitutional role in the development of EU criminal law. In doing so, this paper seeks to demonstrate that the driving notions behind the EU’s agenda in this area are risk, security and effectiveness concerns. The paper will thereafter try to give a systematic account of how these concepts are illustrated in EU law and in criminal law respectively. It will be argued that the EU’s approach in this area leads to precautionary criminalisation at the EU level.
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