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9 - Further Areas

from Part III - European Substantive Criminal Law

Published online by Cambridge University Press:  09 February 2023

By
Jan Stajnko ,
Petra Weingerl  and
Miha Šepec
Edited by
Kai Ambos  and
Peter Rackow
Kai Ambos
Affiliation:
Georg-August-Universität, Göttingen, Germany
Peter Rackow
Affiliation:
Georg-August-Universität, Göttingen, Germany
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Summary

Chapter 9 is titled ‘Other Areas’. Hence, it examines the Unions competence to require Member States (‘MS’) to harmonize substantive criminal law in certain areas, in particular its competence to require MS to set out criminal law offences and penalties in ‘further areas’, besides the cross-border crimes covered by Article 83(1) TFEU and the PIF Directive. We focus on Article 83(2) TFEU and divide the chapter into four parts. The first part traces the development of the EUs competence in the further areas of substantive criminal law prior and after the Treaty of Lisbons entry into force. The second part provides an overview of further harmonized areas, with a special focus on the areas of environmental protection, market abuse and protection of the financial sector, migration and employer sanctions as well as discrimination and hate speech. The third part looks at possible future areas of harmonization, while the fourth part concludes the chapter by discussing bits and pieces of a general part of substantive criminal law found in the existing harmonization measures at the EU level.

Keywords

annex competenceancillary competenceimplied powerseffet utileenvironmental crimeship-source pollutionmarket abusemigrationhate speech, discrimination
Type
Chapter
Information
The Cambridge Companion to European Criminal Law , pp. 206 - 228
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Ambos, K., ‘Is the Development of a Common Substantive Criminal Law for Europe Possible? Some Preliminary Reflections.’ (2005) 12 Maastricht J. Eur. Comp. L., 173–191.Google Scholar
Csonka, P., and Landwehr, O., ‘10 Years after Lisbon. How “lisbonised” Is the Substantive Criminal Law in the EU?’, (2019) eucrim, 261–267.CrossRefGoogle Scholar
Kettunen, M., Legitimizing European Criminal Law: Justification and Restrictions, Cham: Springer, 2020.CrossRefGoogle Scholar
Mitsilegas, V., EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe, Oxford: Hart Publishing, 2016.Google Scholar
Mitsilegas, V., Bergström, M., and Konstadinides, T. (eds.), Research Handbook on EU Criminal Law, Cheltenham: Edward Elgar, 2016.Google Scholar
Öberg, J., Limits to EU Powers: A Case Study of EU Regulatory Criminal Law, Oxford: Hart Publishing, 2019.Google Scholar
Peers, S., EU Justice and Home Affairs Law: Volume II: EU Criminal Law, Policing, and Civil Law, 4th edn, Oxford: Oxford University Press, 2016.CrossRefGoogle Scholar
Peršak, N., ‘EU Criminal Law and Its Legitimation: In Search for a Substantive Principle of Criminalisation.’ (2018) 26 ECCL, 20–39.Google Scholar
Topa, I., ‘Where Do We Stand with Harmonization of Substantive Criminal Law in EU? Remarks on the Changes Introduced by the Lisbon Treaty.’ (2012) SJLS, 89–99.Google Scholar
Wieczorek, I., The Legitimacy of EU Criminal Law, Oxford: Hart Publishing, 2020.Google Scholar

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