Crime within the Area of Freedom, Security and Justice: A by Christina Eckes, Theodore Konstadinides

By Christina Eckes, Theodore Konstadinides

The 'Europeanisation' of the struggle opposed to crime is a vast and much-contested proposal. This in-depth research of the position of the european in battling crime in the sector of freedom, safety and justice explores the influence of ecu rules within the Member States, the innovative convergence of Member States' legal legislation platforms, the emergence of mutual acceptance as a substitute to harmonization, and the incremental improvement of the ECJ's jurisdiction. The essays additionally discover the restrictions inherent in european counter-crime regulations and the adjustments caused through the advent of the Treaty of Lisbon. those adjustments are mentioned either jointly and inside of person significant components within which the ecu has taken an lively function in struggling with crime, corresponding to corruption, funds laundering, terrorism, organised crime and extradition.

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It is called the urgent preliminary reference procedure but has become known as the ‘PPU’. See Decision 2008/79/ EC, Euratom [2008] OJ L 24/42 which inserts a new Article 23a into the Protocol on the Statute of the Court of Justice. Also see Article 104b of the Court’s Rules of Procedure. For an excellent early analysis of this procedure, see C. Barnard, ‘The PPU:€Is It Worth the Candle? An Early Assessment’ 34(2) European Law Review (2009) 281–97. 54 Protocol No. 2 on the Application of the Principles of Subsidiarity and Proportionality, Article 8.

It will be recalled that this mechanism is not available for measures implementing the principle of mutual recognition. 70 Recourse to the enhanced cooperation procedure is also envisaged in relation to two Article 87(3) TFEU. The procedure requires unanimity in Council and consultation of the European Parliament. Again, in the event that unanimity cannot be reached a further procedure may be activated which allows for adoption of the measure through enhanced cooperation. 65 Article 75(2) TFEU.

57 Mitsilegas, EU Criminal Law, 40. 58 Note that the ECJ had already addressed the rather vexed question of the legal nature of the EU’s third pillar in several of its rulings. Broadly, the ECJ viewed the third pillar as an integral part of the EU as a whole rather than a formalised division of public international law. , EU Criminal Law and Justice, 216–17. 60 The practical operability of EU criminal law cooperation and the more principled idea of the integrity of the EU as a single Area of Freedom, Security and Justice are at stake.

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