Enforcement of EU Law and National Criminal Law - Legal Problems in Composite Procedures

Abstract

The growing inter-relatedness between EC and EU law with national criminal law can be well illustrated with the example of enforcement of EU law. Criminal law is one of the latest examples of increasing European integration within the perimeters of explicit competences of EU/EC law which additionally is driven ahead by a spill-over of approaches. Necessities of cross-border crime and criminal enforcement make cooperation necessary. The latter takes place to a certain degree on the basis of positive law established on the basis of the Treaties. It also takes place in the context of evolutionary development of what one might refer to as 'administrative networks.' This paper addresses the legal challenges arising from such integration especially for the protection of rights of individuals and effective judicial review. It outlines several potential solutions for a field of law in which as a model for other areas, enforcement takes place in joint procedures with seamless cooperation across various state and European jurisdictions.