Internationalization and Europeanization of Criminal Law Enforcement (Internationalisering en Europeanisering Van Strafrechtelijke Rechtshandhaving in Nederland)

Abstract

Analysis of the denationalization of criminal enforcement systems as a result of globalization and Europeanization. International cooperation in this field is nothing new, but increasingly the context of national sovereignty is abandoned. This the result of the manifestation of criminality. Not only do newer forms of criminality withdraw from national borders, but also international crime in general has increased. This has made criminality a transnational problem. Within the European Union, the denationalization of criminality has been promoted by the opening of internal borders.The European Union has, nowadays, become the most important internation forum for its Member States to adopt measures in the sphere of law enforcement, especially since the entry into force of the Treaty of Lisbon. It has, however, been difficult to arrive at this point. The supranational character of the EU has been difficult to combine with the 'sovereignty-sensitive' issue of criminal law enforcement. The supranational characteristics of the EU are also important guarantuees for the effectiveness of the decision making process and the implementation of EU measures. But instead of a supranational or federal criminal enforcement system, the EU Member States have opted for a system which is European on the one hand, but depends heavily on national criminal enforcement systems on the other. This has been achieved by attributing a key role for the principle of mutual recognition. The application of this principle 'deterritorializes' national criminal law systems. What is the scope for national discretion in this context? Still very large, as substantial parts of national criminal law will remain unaffected by Europeanization or internationalization. Increasingly, national criminal law systems are seen as an expression of national sovereignty and identity. This may mean, however, that future problems may not be solved if states cling on to their national sovereignty. An additional problem regarding the internationalization of criminal enforcement is the respect for fundamental rights and freedoms of the individual. These rights must be taken into account as well when adopting international measures. This leads to a policy triangle in which the following aspects must be balanced: 1. the need to address international crime at that level 2. the protection of national criminal law systems and 3. protection of the rights of individuals.