The entry into force of the Lisbon Treaty has changed the framework and possibilities of the development of European Union (EU) criminal law. Gone is the long-lived and awkward cross-pillar character of EU criminal law, as mainly a third pillar EU ‘intergovernmental’ issue but also partly a first (EC) pillar question. The Lisbon Treaty marks a new era for the criminal law as it brings it within the core of the EU law project. Nevertheless, Article 10 of the transitional protocol as attached to the Lisbon Treaty stipulates a five-year transition period before former third pillar instruments will be treated in the same way as EU acts. This paper will focus on two issues in particular. The first question that will be addressed concerns what EU law principles drive or decide the EU's involvement in criminal law. After having identified these principles the second question is whether they should drive it and if so what implications will it have for the criminal law in the future.
As a renowned jurist first and then as a top politician, Thomas More has never given up researching about a judicial system where all the fields of justice would be harmonized around a comprehensive logic. From criminal law to divine providence, Utopia, despite its eccentricities, proposes a coherent model of Christian-inspired collective living, based on a concern for social justice, something that was terribly neglected during the early 16th century English monarchy. Not only did History prove many of More’s intuitions right, but above all, it gave legitimacy to the utopian genre in its task of imagining the future progress of human justice and of contributing to its coming.
This book is an invitation to readers interested in the future of international cooperation to master the 12 basic dichotomies of international criminal law. The book foresees a growing interest in international order and cooperation following the current preoccupation, in Europe as well as the United States, with national self-interest. By emphasizing basic dichotomies, for example, acts vs. omissions and causation vs. background conditions, the book reinforces the jurisprudential foundations of international criminal law and also provides an easy way to master the details of the field.
Brexit and the Future of European Criminal Law – A Polish Perspective