The Scope of the Community's Competence in the Field of Criminal Law

Borgers, M.J.; Kooijmans, Tijs

doi:10.1163/157181708x373234

Cited by 2 publications

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“…As was the case in the Constitutional Treaty, according to the Lisbon Treaty, the EU will succeed the Community as a single legal personality and the pillars structure will be abolished (Mitsilegas, 2008;166;Borgers and Kooijmans, 2008;379-395;Yakut, 2010;54-88). The Treaty of Lisbon was amended after the unsuccessful attempt to adopt the EU Constitution which clarified the requirements for comprehensive reform in the area of criminal law.…”

Section: Eu's Criminal Competence Within the Lisbon Treatymentioning

confidence: 99%

“…Mutual recognition and harmonization is based on more solid ground with the new Lisbon Treaty (Fichera, 2009; 76; Treaty amending the TEU and the TEC, [2007] OJ C 306/1 0). This could lead to the view that the current ambiguity over the EU's criminal competence will be clarified (Mitsilegas, 2008;166;Borgers and Kooijmans, 2008;379-395). The EU's competence in the area of crimes and sanctions was explicitly enshrined as two competing mechanism by the Lisbon Treaty: mutual recognition and harmonization.…”

Section: Eu's Criminal Competence Within the Lisbon Treatymentioning

confidence: 99%

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Post -Lisbon Criminal Law Competency of the European Union

Yakut¹

2015

mjes

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After came into force of the Lisbon Treaty, the institutional structure of the EU transformed radically. The third pillar abolished and EU instruments in crimina/law principally "communitarised". This shift has the possibility to increase significantly the review of EU criminal legislation either by the European Parliament or the Court of Justice. The EU judicial cooperation in criminal matters supposed to take the appearance of mutual recognition and EU crimina/law bodies instead of harmonization in the Lisbon Treaty.As to the former provisions on criminal justice, the EU had competence over both cooperation and minimum levels of harmonisation in substantive criminal measures. In terms of procedural issues, it had implicit competences only where it was firmly essential for the operation of the principle of mutual recognition. The Lisbon Treaty maintained establishing the principle of mutual recognition at the heart of judicial cooperation in criminal matters. However, the free movement of criminal judgments is allowed without free movements of supranational safeguards for human rights across the Union. There will be significant improvement in case where EU will be party to the European Convention on Human Rights. However, the Lisbon Treaty provisions regarding criminal judicial cooperation were reshaped in light of the Constitutional Treaty in order to empower a clear EU criminal competence to ensure measures for procedural rights of the defence.

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Section: Eu's Criminal Competence Within the Lisbon Treatymentioning

confidence: 99%

Section: Eu's Criminal Competence Within the Lisbon Treatymentioning

confidence: 99%

Post -Lisbon Criminal Law Competency of the European Union

Yakut¹

2015

mjes

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Perceived involvement of “organised crime” in human trafficking and smuggling

Vermeulen¹,

Damme²,

Bondt³

2010

Revue Internationale De Droit Pénal

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In order to develop an effective criminal justice response, it is crucial to truly understand the phenomena at hand. The analysis of the two phenomena singled out for this contribution -namely trafficking in persons and smuggling of migrants -will be focussed at trying to understand the nature and extent of the involvement of organised criminal groups therein.To that end, this article explores what we know, what we do not know and what we should know about the involvement of organised criminal groups in trafficking in persons and smuggling of migrants. The relationship between organised crime and trafficking in persons , and the relationship between organised crime and smuggling of migrants, is taken into consideration on a multitude of levels. Additionally, serving as a significant counter-weight for organised involvement, it is stressed that a significant role is reserved for un-organised criminality in these phenomena. Because of its importance, this aspect is equally explored and its consequences for criminal justice responses are analysed. On the basis of the findings of enormous variety in criminal involvement in both trafficking in persons and smuggling of migrants, criminal justice responses are in high need of re-consideration.

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The Scope of the Community's Competence in the Field of Criminal Law

Cited by 2 publications

References 0 publications

Post -Lisbon Criminal Law Competency of the European Union

Post -Lisbon Criminal Law Competency of the European Union

Perceived involvement of “organised crime” in human trafficking and smuggling

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