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Criminal Justice beyond National Sovereignty. An Alternative Perspective on the Europeanisation of Criminal Law

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image of European Journal of Crime, Criminal Law and Criminal Justice

Over the past few decades the competences of the eu to enact legislation in criminal matters have significantly increased. Member States and criminal law experts have raised concerns: to what extent can national sovereignty and domestic interests regarding criminal justice be preserved? This paper argues that the perspective of national sovereignty should not be the primary concern in criminal justice affairs in the eu. It is proposed that eu legal measures in this area are primarily judged on whether they in their entirety contribute to a reasonable balance between effective law enforcement and adequate judicial protection of individuals. From this perspective, recent developments potentially contribute to redressing the balance in eu criminal law.

Affiliations: 1: Department of Criminal Law, Tilburg Law School, P.O. Box 90153, 5000 le Tilburg, The Netherlands, J.W.Ouwerkerk@uvt.nl

10.1163/15718174-23012058
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/content/journals/10.1163/15718174-23012058
2015-02-18
2018-07-17

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