Should the European Union regulate criminal justice? This open access book explores the question forensically, establishing whether a compelling normative justification for EU action in the field exists.
It develops an integrated standard based on the perspectives of the effective allocation of regulatory authority between the EU and the Member States, representation-based political theories, and harm-based theories of criminal law. This is a work that will be welcomed not only by EU criminal law scholars, but also by practitioners, judges and policymakers.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Part I – EU Criminal Justice – Context, Development and Justifications
1. Introduction
2. The Justifications for EU Intervention in Criminal Law
Part II – Rationale for EU Harmonisation of National Criminal Law
3. Mutual Recognition as a Justification for EU Action
4. The Cross-Border Criterion as a Justification for EU Action in Domestic Criminal Law and Procedure
Part III – Powers, Limits and Justifications for EU Criminal Justice Agencies
5. The Justification for a European Public Prosecutor
6. Eurojust – Powers, Limits and Justifications
7. The Constitutional and Normative Justification for a European FBI
8. Conclusions and Reflections
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