PP953
Analítico de Periódico
MITSILEGAS, Valsamis
From overcriminalisation to decriminalisation : the many faces of effectiveness in european criminal law / Valsamis Mitsilegas
New Journal of European Criminal Law, Mortsel, v.5 n.3 (2014), p.416-424
DIREITO COMUNITÁRIO, DIREITO PENAL, CRIMINALIZAÇÃO, DESCRIMINALIZAÇÃO
The article will highlight the many faces of effectiveness in EU substantive criminal law. It will start by examining instances where the application of the principle of effectiveness may lead to overcriminalisation. Subsequently however, the article will demonstrate that overcriminalisation is not a one-way street in this context and analyse instances whereby the application of the principle of effectiveness in European criminal law may lead to decriminalisation. The article will conclude by looking at the future of effectiveness in EU criminal law post-Lisbon, when the principle of effectiveness is construed in conformity with the protection of fundamental rights as enshrined in the EU Charter of Fundamental Rights.