Criminal Conduct and Lack of Integration Into the Society Under EU Citizenship: This Marriage Is Not to Be Performed

(2015), NEW JOURNAL OF EUROPEAN CRIMINAL LAW, VOL 7, PP 53-77

Edinburgh School of Law Research Paper No. 2019/07

28 Pages Posted: 15 Apr 2019 Last revised: 23 Apr 2019

Date Written: March 19, 2015

Abstract

This paper presents three possible scenarios of interaction between criminal law (and detention in particular) and EU citizenship. The first scenario focuses on the actual relationship between EU criminal law and EU citizenship. The second scenario looks at the potential interactions between two relevant Framework Decisions – that on Transfer of Prisoners and that on Probation measures – and the EU Citizenship Directive. Finally, the third scenario revolves around the influence of national criminal law on EU citizenship. Such interactions are subject to an in-depth analysis, and I hone in on two recent decisions of the Court of Justice of the European Union, namely Onuekwere and M. G. By framing these judgments in a wider context of CJEU case-law, I try to find out how the Court is approaching the mutual influence between EU citizenship and criminal law. The conclusions reveal why this case law is used by the Court to enhance mutual trust, which is the most significant foundation of European criminal law.

Keywords: EU citizenship; punishment; criminal law; CJEU

Suggested Citation

Mancano, Leandro, Criminal Conduct and Lack of Integration Into the Society Under EU Citizenship: This Marriage Is Not to Be Performed (March 19, 2015). (2015), NEW JOURNAL OF EUROPEAN CRIMINAL LAW, VOL 7, PP 53-77; Edinburgh School of Law Research Paper No. 2019/07. Available at SSRN: https://ssrn.com/abstract=3355713

Leandro Mancano (Contact Author)

Edinburgh Law School ( email )

Edinburgh
United Kingdom

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