EU Criminal Law under the Area of Freedom, Security and Justice

Authors Organisations
Type Chapter
Original languageEnglish
Title of host publicationThe Oxford Handbook of European Union Law
EditorsAnthony Arnull, Damian Chalmers
Place of PublicationOxford
PublisherOxford University Press
Pages837-866
Number of pages30
Edition1
ISBN (Print)978-0-19-967264-6, 0199672644
Publication statusPublished - 01 Dec 2015

Publication series

NameOxford Handbooks in Law
Links
Permanent link
View graph of relations
Citation formats

Abstract

The discussion here traces the emergence of the body of policy and rules now collected under the heading ‘EU criminal law’ from its historical multi-level origins to its present location in the EU’s Area of Freedom, Security and Justice, focussing on the developing legislative competence and significant reliance on the strategy of mutual recognition to achieve progress in this context. At the same time, it is necessary to consider how legislation and judicial activity in this field relates to the operational aspects of a number of EU criminal justice agencies, in particular OLAF, Europol and Eurojust. However, questions remain concerning the identity and role of EU criminal law: whether it should be seen as a regional mechanism for the transnational control of human mobility, or whether it comprises a genuinely distinctive and new articulation of European values in criminal law and criminal justice

Keywords

  • Crime, mutual recognition, legislative competence, transnational criminality, movement of persons, criminal justice cooperation, rights, security