2014New Journal of European Criminal LawRequires access

Effectiveness in EU Criminal Law and its Effects on the General Part of Criminal Law

Sakari Melander

Open publisher page 11 citations

Abstract

EU criminal law has traditionally focused on more effective criminal law cooperation and approximation of substantive criminal law. The general doctrines of criminal law have pretty much remained intact, when it comes to approximation of substantive criminal law. Principle of effectiveness in EU law, however, has a crucial position also in EU criminal law. This has meant that the scope of EU criminal law has been expanding and the scope is today also reaching general doctrines. While it can be seen that general doctrines constitute the identity of a branch of law, this development may entail the embryo of the new kind of EU criminal law that is more supranational. This development is analysed in the article with critical insights.

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What this paper is about

EU criminal law has traditionally focused on more effective criminal law cooperation and approximation of substantive criminal law. The general doctrines of criminal law have pretty much remained intact, when it comes to approximation of substantive criminal law. Principle of effectiveness in EU law, however, has a crucial position also in EU criminal law. This has meant that the scope of EU criminal law has been expanding and the scope is today also reaching general doctrines. While it can be seen that general doctrines constitute the identity of a branch of law, this development may entail the embryo of the new kind of EU criminal law that is more supranational. This development is analysed in the article with critical insights.

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Available abstract

EU criminal law has traditionally focused on more effective criminal law cooperation and approximation of substantive criminal law. The general doctrines of criminal law have pretty much remained intact, when it comes to approximation of substantive criminal law. Principle of effectiveness in EU law, however, has a crucial position also in EU criminal law. This has meant that the scope of EU criminal law has been expanding and the scope is today also reaching general doctrines. While it can be seen that general doctrines constitute the identity of a branch of law, this development may entail the embryo of the new kind of EU criminal law that is more supranational. This development is analysed in the article with critical insights.

Key concepts: Criminal law, Law, Public law, Political science, Comparative law, Civil law (Civil law), Scope (computer science), Criminal procedure

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