Criminal Law Functions of the Reform Treaty of Lisbon
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| Year of publication | 2009 |
| Type | Chapter of a book |
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| Description | From the overall theoretical concept of European criminal law, this study includes one of its elements consisting in the functions of European criminal law. As regards the forms of the European criminal law (i.e. CLE and ELC), the functions of, on the one hand, national criminal law of Europe and, on the other hand, functions of the supranational European law of crime are concerned. From the viewpoint of CLE, i.e. Czech Europeanised criminal law (both substantive and procedural), it can be stated that the results of the process to date do not show any fundamental deficits in any of the two criminal-law sectors as regards their functions. However, this does not rule out a further deepening of the aforementioned characteristic of Czech criminal law, inspired by the truly purposeful criminal-law dimension of the TCE or CTFEU, as appropriate. From the viewpoint of ELC, this analysis proves that the TCE or CTFEU, as appropriate, essentially fulfil their tasks in this respect. However, they have simultaneously revealed certain reserves that may in some respects even imply risks for the criminal law of Europe in the form of the prevailing creation of European criminal law from above, without sufficient correction from below. On the other hand, in both aspects the TCE played and the CTFEU plays or at least attempts to play the role of a basis of European criminal law, a basis that also suggests certain development tendencies along the lines of the strengthening effort to bring law within the Community framework, i.e. supranationalisation of European law, including criminal law. |
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