Functions And Aims Of Harmonisation After The Lisbon Treaty. A European Perspective

Autor: M.J. Borgers
Rok vydání: 2010
Předmět:
Zdroj: The Future of Police and Judicial Cooperation in the EU ISBN: 9789004193369
DOI: 10.1163/ej.9789004182042.i-414.106
Popis: This chapter centres on the question of what the functions and aims of harmonisation are after the entry into effect of the Lisbon Treaty, which is uncertain. The answer to that question is indicative of the level that European harmonisation of criminal law has reached. The Union chooses to use the harmonisation of criminal law with restraint outside the context of cooperation between the Member States in criminal matters. After Lisbon, European criminal law mainly relates to effective and efficient cooperation. Harmonisation is first and foremost an important means to enable cooperation, because a certain degree of equality between the criminal law systems of the Member States helps to create mutual trust. The Lisbon Treaty shows that the ambitions to unify the criminal law systems of the Member States have been moderated and that the Member States have been left ample room to give their own substance to criminal law. Keywords: European harmonisation; European criminal law; Lisbon Treaty
Databáze: OpenAIRE