"This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself"-- Provided by publisher.
Based on author's thesis (doctoral - Vrije Universiteit Brussel and Université Libre de Bruxelles, 2016) issued under title: The legitimacy of EU criminal law : what role for normative and instrumental justifications?
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction Why Criminal Law? : The Question of and Models for the Legitimacy of Criminal Law Why EU Criminal Law? : The Question of and the Models for the Legitimacy of Supranational Criminal Law Rationales for the Harmonisation and Legitimacy of EU Criminal Law EU Competences on Securitised Criminalisation : From a Utilitarian to an Integrated Approach to EU Criminal Law EU Competences on Functional Criminalisation : The Route to Utilitarian EU Criminal Law From Tampere to Stockholm : The Path towards Integrated Legitimacy Legitimating EU Criminal Law in Practice : The Case of Racism and Xenophobia, Market Abuse and PIF Conclusions.
Digital File Characteristics
Source of Description
Description based on print version record and CIP data provided by publisher; resource not viewed.
Available in Other Form
Print version: Wieczorek, Irene. The legitimacy of EU criminal law Oxford ; New York : Hart, 2020.