Integration in Criminal Matters and the Role of the Court of Justice

(2011) 36 European Law Review 420

(2011) 9 European Current Law xi-xx

University of Cambridge Faculty of Law Research Paper No. 13/2012

16 Pages Posted: 1 Jun 2012

See all articles by Alicia Hinarejos

Alicia Hinarejos

McGill University, Faculty of Law

Date Written: May 2012

Abstract

This article outlines the role of the Court of Justice in pushing legal integration within the single market, and asks whether the Court is likely to, and whether it should, have the same role within Police and Judicial Cooperation in Criminal Matters. The conclusion is, unsurprisingly, negative: integration in criminal matters is and will remain a very different process from market integration, and the same can be said of the role to be played by the Court of Justice. At the heart of this distinction lies the dissimilar nature of the aims that Member States have set out to achieve, as well as the specific role that individual rights play within these two areas of Union competence. These disparities dictate a peculiar approach to integration in criminal matters, as well as a distinctive agenda for individual litigation that, in the likely majority of cases, will — and should — drive the Court towards functioning as a check on integration, rather than its champion.

Keywords: European Union, EU Law, Police and Judicial Cooperation in Criminal Matters, Justice and Home Affairs, EU Criminal Law, Court of Justice of the European Union, role of courts, judicially-driven integration

JEL Classification: K30, K33

Suggested Citation

Hinarejos, Alicia, Integration in Criminal Matters and the Role of the Court of Justice (May 2012). (2011) 36 European Law Review 420, (2011) 9 European Current Law xi-xx, University of Cambridge Faculty of Law Research Paper No. 13/2012, Available at SSRN: https://ssrn.com/abstract=2071154

Alicia Hinarejos (Contact Author)

McGill University, Faculty of Law ( email )

3644 Peel Street
Montreal, Quebec H3A 1W9
Canada

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