EU Criminal Law and the Treaty of Lisbon – Where Shall We Go Now?

Abstract

The article examines the changes to the European Union’s competence to harmonize criminal law and the decision-making powers after the Treaty of Lisbon regarding justice and home affairs matters. It compares the third pillar provisions contained in the former Treaty on European Union with those contained in the Treaty of Functioning of the European Union: Articles 82 and 83, which deal with criminal substantive and procedural law. Furthermore, this article considers the effect of new competences on the future ruling of the Court of Justice of the European Union with the criminal subject matter and possible introduction of new Union definitions and principles of the criminal law. Finally, it tries to answer the question “Where shall we go now?” with respect to the issue of unification versus harmonization.