Union regulatory criminal law competence

Abstract:

Liberal political theory, with its roots in the European enlightenment, has had profound impact on the classic-liberal criminal law movement all over Europe. The basic idea is that criminal law should be used to a minimum extent.

Still, there is quite large diversity in the shaping of national criminal law systems in the EU Member States. In this environment, a critical debate has emerged amongst European scholars who object to the EU's newly gained power to enact criminal legislation. This report sheds light on the critique against how the EU gained its power in the area of criminal law. The author also proposes ideas on how the EU's mandate may be better controlled.

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