Punishment and Rights in European Union Citizenship: Persons or Criminals?

'Punishment and rights in European Union citizenship: Persons or criminals?', (2018), European Law Journal, Vol 24, pp 206-225

Edinburgh School of Law Research Paper Forthcoming

25 Pages Posted: 15 Apr 2019

Multiple version iconThere are 2 versions of this paper

Date Written: June 12, 2018

Abstract

While European Union (EU) citizenship has been traditionally key to limiting criminalisation at national level, over recent years crime has become a criterion to distinguish between the good and the bad citizen, and to allocate rights according to that distinction. This approach has been upheld by the EU Court of Justice in its case-law, where crimes show the offender disregard for the societal values of the host Member States, and deny her integration therein. This article argues that citizenship serve to legitimate criminal law. The Court outlines two – counter-posing - types of human being: the law-abiding citizen and the criminal. On that ground, the CJEU delineates a model of probationary citizenship directed towards the protection of the former category from the latter. The article shows the legal unsoundness of the Court’s approach. It does so by analysing and locating the case-law over a crime-citizenship spectrum, marked at its opposite ends by Duff’s communitarian approach to criminal law, on the one hand, and Jakobs’ criminal law of the enemy, on the other.

Keywords: punishment; EU citizenship; criminal law; CJEU

Suggested Citation

Mancano, Leandro, Punishment and Rights in European Union Citizenship: Persons or Criminals? (June 12, 2018). 'Punishment and rights in European Union citizenship: Persons or criminals?', (2018), European Law Journal, Vol 24, pp 206-225; Edinburgh School of Law Research Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=3194689

Leandro Mancano (Contact Author)

Edinburgh Law School ( email )

Edinburgh
United Kingdom

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
23
Abstract Views
215
PlumX Metrics