Abstract
The Utrecht Law Review is an open-access peer-reviewed journal which aims to offer an international academic platform for cross-border legal research. In the first place, this concerns research in which the boundaries of the classic branches of the law (private law, criminal law, constitutional and administrative law, European and public international law) are crossed and connections are made between these areas of the law, amongst others from a comparative law perspective. In addition, the journal welcomes research in which classic law is brought face to face with not strictly legal disciplines such as philosophy, economics, political sciences and public administration science.The journal was established in 2005 and is affiliated to the Utrecht University School of Law. If you wish to receive e-mail alerts please join the mailing list.
Highlights
Over the years European law and legislation have obtained more influence on the domestic legal order
I will illustrate this with examples from Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2005/60/EC), OJ L 309, 25.11.2005, p. 15
The European Union has the most influence in the case of total harmonisation in combination with highly detailed norms
Summary
Over the years European law and legislation have obtained more influence on the domestic legal order. In this article I will discuss how the choice of the European legislator between the degree of harmonisation and the amount of detail in the directive can influence the national criminal law of the Member States. The discretion that Member States have in transposing a directive depends on the directive itself and other Union legislation (Section 2). To what degree they are limited depends on the degree of harmonisation which the directive envisages. This limits the discretion that the Member States have in transposing the directive into domestic law (Section 2).
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