Is there possible an European criminal law? Cover Image

Este posibil un drept penal european ?
Is there possible an European criminal law?

Author(s): Flaviu Ciopec
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: European criminal law; Directives and regulations; harmonize legislation

Summary/Abstract: The author analyses the possibility to create a European criminal law. The Europeanization of criminal law means a few very concrete things, both when it comes to its legitimacy and efficiency. Unlike framework decisions, which involve unanimity, directives and regulations are adopted upon qualified majority. The European Parliament is competent in co-deciding, hence an increased democratic legitimacy. Directives and regulations have a direct effect, unlike framework decisions. The Commission may initiate the “infringement” procedure against member states, in order to compel the former to respect their obligation to harmonize legislation. Member states may also incur financial responsibility for breach of European provisions.

  • Issue Year: 2009
  • Issue No: 2
  • Page Range: 68-76
  • Page Count: 9
  • Language: Romanian