The European Court of Justice: A 'Quasi-Constitutional Court' in Criminal Matters? The Taricco Judgment and its Shortcomings

New Journal of European Criminal Law, Vol. 7, Issue 1, 2016

19 Pages Posted: 21 Apr 2016

See all articles by Emmanouil Billis

Emmanouil Billis

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Foreign and International Criminal Law; Max Planck Institute for the Study of Crime, Security and Law (formerly Max Planck Institute for Foreign and International Criminal Law)

Date Written: April 19, 2016

Abstract

A main task of the CJEU is to ensure the uniform interpretation and effective application of EU legislation. In the case Taricco and Others, the Court provides for the strengthening of the protection of the financial interests of the EU by emphasising the immediate effect and precedence of primary EU law in criminal matters. At the same time, the CJEU functions as a quasi-constitutional court. It does so by ordering a national court to directly disapply domestic criminal law provisions on limitation periods in a pending case. Legality and legal certainty are at stake here. The judgment of the CJEU indicates, furthermore, the evolution of a “constitutional” relation between the EU judiciary and national criminal courts.

Keywords: legal certainty, precedence of EU law in criminal matters, role of the Court of Justice

Suggested Citation

Billis, Emmanouil and Billis, Emmanouil, The European Court of Justice: A 'Quasi-Constitutional Court' in Criminal Matters? The Taricco Judgment and its Shortcomings (April 19, 2016). New Journal of European Criminal Law, Vol. 7, Issue 1, 2016, Available at SSRN: https://ssrn.com/abstract=2767102

Emmanouil Billis (Contact Author)

Max Planck Institute for the Study of Crime, Security and Law (formerly Max Planck Institute for Foreign and International Criminal Law) ( email )

Guenterstalstr. 73
Freiburg, 79100
Germany

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Foreign and International Criminal Law ( email )

73 Guenterstalstr.
Freiburg i. Br., 79100
Germany

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