EU Criminal Law and the Treaty of Lisbon – Where Shall We Go Now?

6 Pages Posted: 12 May 2011

See all articles by Alexandra Andhov

Alexandra Andhov

University of Copenhagen - Faculty of Law; University of Copenhagen - Centre for Private Governance (CEPRI)

Date Written: November 30, 2010

Abstract

The article examines the changes to the European Union’s competence to harmonize criminal law and the decision-making powers after the Treaty of Lisbon regarding justice and home affairs matters. It compares the third pillar provisions contained in the former Treaty on European Union with those contained in the Treaty of Functioning of the European Union: Articles 82 and 83, which deal with criminal substantive and procedural law. Furthermore, this article considers the effect of new competences on the future ruling of the Court of Justice of the European Union with the criminal subject matter and possible introduction of new Union definitions and principles of the criminal law. Finally, it tries to answer the question “Where shall we go now?” with respect to the issue of unification versus harmonization.

Keywords: Competence, Court of Justice of the European Union, Criminal Law, Harmonization, Treaty of Lisbon

Suggested Citation

Andhov, Alexandra, EU Criminal Law and the Treaty of Lisbon – Where Shall We Go Now? (November 30, 2010). Available at SSRN: https://ssrn.com/abstract=1836754 or http://dx.doi.org/10.2139/ssrn.1836754

Alexandra Andhov (Contact Author)

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

University of Copenhagen - Centre for Private Governance (CEPRI) ( email )

Karen Blixens Vej 16
Copenhagen, 2300
Denmark

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