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EU Criminal Law after Lisbon

Rights, Trust and the Transformation of Justice in Europe

By: Valsamis Mitsilegas
Media of EU Criminal Law after Lisbon
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Published: 18-10-2018
Format: Paperback
Edition: 1st
Extent: 336
ISBN: 9781509924769
Imprint: Hart Publishing
Series: Hart Studies in European Criminal Law
Dimensions: 234 x 156 mm
RRP: £25.99
Online price : £23.39
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About EU Criminal Law after Lisbon

This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

Table Of Contents

1. Introduction
2. The Constitutionalisation of EU Criminal Law After Lisbon
3. Defining EU Competence in Substantive Criminal Law: From Securitised to Functional Criminalisation
4. The Rocky Road to European Prosecution: Caught Between Co-ordination and Centralisation
5. Mutual Recognition and Mutual Trust in Europe's Area of Criminal Justice: The Centrality of Fundamental Rights
6. Legislating for Human Rights: The EU Legal Framework on the Rights of Individuals in Criminal Proceedings
7. The Place of the Victim in Europe's Area of Criminal Justice
8. The Uneasy Relationship Between EU Criminal Law and Citizenship of the Union
9. The European Union and Preventive Justice. The Case of Terrorist Sanctions
10. Conclusion. Placing the Individual at the Heart of European Criminal Justice


“This book presents a rich, detailed, comprehensive, yet at the same time coherent and manageable analysis. The book is characterized by a lucid and analytical writing style, and has many valuable references to the academic literature. Its critical engagement with the literature make it useful not only for established scholars in the field, but also for (graduate) students looking for inspiration for research projects. It is a highly valuable contribution to the study of European criminal law.” –  Judit Altena, Common Market Law Review

“...this latest monograph by Mitsilegas must be praised both in content for the sophistication of the analysis and, which is not always the case with scientific publications, also in style for the use of clear language and for the linearity of its arguments...EU Criminal Law after Lisbon represents a landmark publication in the field, an essential read for anyone wishing to carry out any quality research in this ever changing and growing field of law.” –  Irene Wieczorek, University of Cambridge and Université Libre de Bruxelles, European Law Review

EU Criminal Law after Lisbon is a critical analysis of EU criminal law that should find itself on the bookshelves of any lawyer interested in the this everdeveloping and increasingly important area of the law ... It is difficult to capture in the space of a single review the rich and comprehensive quality of this monograph that touches on all aspects of EU criminal justice.” –  Stephen Coutts, Dublin City University, Modern Law Review

“The book offers an impressive overview of the current state of play of EU criminal law, providing a useful tool for students and practitioners wishing to deepen their knowledge of this fast-changing field. At the same time, Mitsilegas' book delivers a significant contribution to the academic debate on several of the most sensitive issues underlying the complex process of integration of criminal law in Europe.” –  Adriano Martufi, New Journal of European Criminal Law

“... a must read for EU criminal law academic scholars and policy makers wanting to get more insight in the principles and policies underpinning EU criminal law and for lawyers specialised in EU criminal law looking for inspiration for new innovative legal arguments.” –  Joost Huysmans, European Law Blog

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