The Regionalization of Criminal Law – the Example of European Criminal Law

Abstract

This chapter provides an overview of European Union (EU) criminal law, by discussing the rationales and the basis underlying the formation of European criminal law, and to the extent possible to draw lessons from the experience of EU criminal law to the development of international criminal law. It starts by discussing the rationales for a regional group of states to pursue integration in criminal matters, with the focus on the EU. The chapter analyzes the degrees of harmonization of penal law that may be pursued by the EU, which requires an analysis of the principle of mutual recognition. The questions of the community competence in criminal matters and the future of EU criminal law are also addressed. It concludes that regional integration in criminal matters could allow states to respond to common security threats more effectively and lead to the recognition of common rules and principles that could be replicated. Keywords:community competence; degrees of harmonization; European Criminal Law; penal law; principle of mutual recognition