The Normative Foundation for EU Criminal Justice

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Abstract

This book aims to more broadly discuss why the EU should be involved in criminal law and criminal justice. My central claim in the book is that the EU should prima facie be justified to employ criminal law to address transnational market failures (internal market, EU financial market), transboundary externalities (transnational environmental protection, market abuse) or collective action problems (transnational organised crime, collective European security) where it is unlikely that Member States, because of perverse incentives, are capable of addressing the problem properly, or indeed willing to do so (see Chapter 2). The notion of European Public Goods includes a special category of intrinsic supranational interests such as the protection of the EU budget (or the currency) where the protection of the intereTaking the example of individual rights in criminal procedures with a cross-border dimension, I suggest that there is a compelling argument for EU intervention to confer ‘virtual’ political rights to foreigners. The underlying premise for this argument is that national democratic processes do not have comprehensive mechanisms to ensure that core collective European interests are sufficiently considered within their decision-making processes (Chapter 3). I further maintain that it is justified to confer EU agencies and bodies such as EPPO, Eurojust and Europol with operational powers for those crimes which are linked to the EU’s core supranational interests (e.g. crimes against the EU’s financial interests and counterfeiting of the euro). The common features for conferring jurisdiction to EU criminal justice agencies relate to institutional competence where relevant factors such as efficiency, incentives and expertise speak in favour of expanding those agencies powers further (Chapter 5 and 6).st at stake is central for the existence of the Union (Chapter 4 and 5).
OriginalsprogEngelsk
Publikationsdato27. sep. 2024
StatusUdgivet - 27. sep. 2024
Udgivet eksterntJa

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