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Results ( 10 ) : 2014 - 03.

Issue on the Effectiveness of EU Criminal Law

Authors: S. Melander, A. Suominen

Effectiveness and Constitutional Limits in European Criminal Law

Authors: E. Herlin-karnell

Abstract: This introductory article offers an account of how the principle of ‘effectiveness’ in EU law has shaped the development of EU criminal law. I will try to explain why effectiveness reasoning has played an important function in the development and f...

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

Authors: S. Melander

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 substantiv...

EU Criminal Policy at a Crossroads between Effectiveness and Traditional Restraints for the Use of Criminal Law

Authors: M. Huomo-kettunen

Abstract: The article studies EU criminal policy from a constitutional perspective. Since all EU secondary law measures must be founded on a legal basis – on a specific provision of the Union’s constitution – EU criminal policy is also a constitutional matte...

Effective and Legitimate? Learning from the Lessons of 10 Years of Practice with the European Arrest Warrant

Authors: L. Marin

Abstract: The article examines the European Arrest Warrant (EAW) and the issues which have emerged in its first 10 years of practice. After a first section explaining the choice for the principle of mutual recognition as expression of effectiveness and subsi...

Mutual Recognition in Criminal Matters and the Principle of Proportionality – Effective Proportionality or Proportionate Effectiveness?

Authors: D. Helenius

Abstract: The principle of proportionality constitutes a general principle of EU law. However, its application with regard to judicial cooperation in criminal matters between the EU Member States has remained somewhat unclear, especially after the introducti...

Do We Really Need Criminal Sanctions for the Enforcement of EU Law?

Authors: J. Öberg

Abstract: This article examines how the ‘essentiality’ requirement can limit the exercise of the EU’s criminal law competence under Article 83(2) TFEU. Building on criminological research, and contextual and principled considerations, it argues for an eviden...

Effectiveness and Functionality of Substantive EU Criminal Law

Authors: A. Suominen

Abstract: This article analyses the effectiveness and functionality of substantive EU criminal law legislation. With the Lisbon Treaty criminal law has been included as a general branch of EU law. Effective enforcement of EU law is a general principle. As a ...

From Overcriminalisation to Decriminalisation – The Many Faces of Effectiveness in European Criminal Law

Authors: V. Mitsilegas

Abstract: The article will highlight the many faces of effectiveness in EU substantive criminal law. It will start by examining instances where the application of the principle of effectiveness may lead to overcriminalisation. Subsequently however, the artic...

Knox and Sollecito – Not Just an Italian Problem

Authors: S. Crosby