Legality in Europe : on the principle nullum crimen, nulla poena sine lege in EU law and under the ECHR / Mikhel Timmerman.

Cambridge ; Antwerp ; Portland : Intersentia, [2018]

©2018

xii, 350 pages : illustrations ; 25 cm

Through the establishment of EU criminal law, EU actors have come to influence the definition and interpretation of domestic crimes and penalties. Both the EU legislature and the CJEU define and interpret provisions of EU law with relevance for the determination of criminal liability and the prescription of applicable penalties in the law of the Member States. This influence on substantive criminal law raises questions about the limits to these legislative and interpretive activities, both at the EU level and at the level of the Member States. Since requirements for the definition, interpretation, and application of substantive criminal law are traditionally provided by the principle nullum crimen, nulla poena sine lege (i.e. the legality principle), the functioning of this principle in EU criminal law merits investigation. To understand the role and functioning of the legality principle in EU criminal law, the author examines and compares the actual constructions of the supranational European legality principles; i.e. the legality principles protected under the ECHR and by EU law.

Originally presented as the author's thesis (Ph. D.)--Euroepan Union Institute, 2018.
Through the establishment of EU criminal law, EU actors have come to influence the definition and interpretation of domestic crimes and penalties. Both the EU legislature and the CJEU define and interpret provisions of EU law with relevance for the determination of criminal liability and the prescription of applicable penalties in the law of the Member States. This influence on substantive criminal law raises questions about the limits to these legislative and interpretive activities, both at the EU level and at the level of the Member States. Since requirements for the definition, interpretation, and application of substantive criminal law are traditionally provided by the principle nullum crimen, nulla poena sine lege (i.e. the legality principle), the functioning of this principle in EU criminal law merits investigation. To understand the role and functioning of the legality principle in EU criminal law, the author examines and compares the actual constructions of the supranational European legality principles; i.e. the legality principles protected under the ECHR and by EU law.

Includes bibliographical references (pages 315-350).

KJC8026 .T56 2018

English

1780683049 (paperback)
9781780683041 (paperback)