Criminal law is one of the most rapidly changing areas of contemporary EU law
and integration. The Treaty of Lisbon has elevated it to a central place in the constitution
of the EU, within the dynamic area of freedom, security and justice. The
phenomenon of EU criminal law as such is, however, far from new but has developed
on an ad hoc basis, not least as a result of the case law of the European Court
of Justice. Central to the Court’s reasoning in this area has been the principle of
effectiveness. A main theme running through the book is, therefore, the role of
the axiom of effectiveness, which is critically examined, with particular attention
to its use by the European Court of Justice in recent leading cases. This book
explores the constitutional principles underlying it, both those determining the
substantive values it embodies, and those determining its scope and extent. Other
chapters consider the phenomenon of preventative criminalisation at EU level
and the protection of subsidiarity and proportionality in EU criminal law. The
balance between effective EU action, proper control of competence and adequate
protection of individual rights is of growing importance as EU criminal law
expands, but, as this book suggests, has not yet been fully articulated or entrenched
by the institutions of the EU.