• PDF

Lectio praecursorsia: Controlling EU criminal competence in the Lisbon Era

JFT 4/2015 s. 377–383
4.12.2015
Lyhyempi kirjoitus

The question of substantive criminal competence – what legislative powers the Union holds – is an existential question for the European Union. What the European Union should do, and in particular what it should leave to Member States, has captured much of the public debate on our role in the European Union. Whether the Union should act, and how, are of course political questions. But they are also legal questions, demonstrated by the attempts to frame Union activity in binding rules of Union law. Samuli Miettinens doctoral dissertation examines the conferral of competence and the mechanisms by which it is limited and reviewed in the specific context of substantive EU criminal law powers. It asks how the Union may act in the field of substantive criminal law – the definition of offences and sanctions – and it investigates how these powers are controlled under current constitutional arrangements. The main contribution of the thesis to the field of criminal law is to explain the Union’s criminal legislative powers as a function of general EU institutional law.

Asiasanat
• Europeiska unionen - Internationell straffrätt