PP953
Analítico de Periódico
MELANDER, Sakari
Effectiveness in EU criminal law and its effects on the general part of criminal law / Sakari Melander
New Journal of European Criminal Law, Mortsel, v.5 n.3 (2014), p.274-300
DIREITO COMUNITÁRIO, DIREITO PENAL, EFEITO DIRECTO, PRINCÍPIOS GERAIS DO DIREITO PENAL, APLICABILIDADE DIRECTA
EU criminal law has traditionally focused on more effective criminal law cooperation and approximation of substantive criminal law. The general doctrines of criminal law have pretty much remained intact, when it comes to approximation of substantive criminal law. Principle of effectiveness in EU law, however, has a crucial position also in EU criminal law. This has meant that the scope of EU criminal law has been expanding and the scope is today also reaching general doctrines. While it can be seen that general doctrines constitute the identity of a branch of law, this development may entail the embryo of the new kind of EU criminal law that is more supranational. This development is analysed in the article with critical insights.