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

Abstract

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.

Suggested Citation

Herlin-Karnell, Ester, The Development of EU Precautionary Criminalisation (November 6, 2009). European Criminal Law Review, No. 2, 2011. Available at SSRN: https://ssrn.com/abstract=1501296

Ester Herlin-Karnell (Contact Author)

Uppsala University ( email )

Box 513
Uppsala, 751 20
Sweden

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