Transcript Course: European Criminal Law SS 2009

Course: European Criminal Law
SS 2009
Hubert Hinterhofer
Lisbon Treaty
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Fundamentals
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Agreed on October 2007: “European Council”
(summit of the Heads of State) in Lisbon
Formally signed in December 2007
Ratification in 26 MS completed
Exception: Ireland (2nd referendum in fall 2009)
Completes the institutional reform
Lisbon Treaty
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Structural Changes
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No use of the term “constitution”
Amendment of the EC and the EU-Treaty
Changes
EU as a legal entity
Abolishment of the complex Three PillarsStructure (are merged together)
Lisbon Treaty
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Structural Changes
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Decision making
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New rule of double majority
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15 MS
– 65% of the EU-population
– Entry into force: 2014 (at the earliest)
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Co-Decision-Rule
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Council and European Parliament together
Increase of powers of the European Parliament
Lisbon Treaty
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Structural Changes
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Stable Presidency of the EU
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2,5 years
Renewable once
High Representative of the EU for Foreign Affairs
and Security Policy
Lisbon Treaty
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Relevant Changes Relating to Criminal Law
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Abolishment of the Pillar-Structure
Criminal Law as part of the “Treaty on the Functioning of the
EU (TFEU)”
EU Charter of Fundamental Rights will be legally binding for
all MS and for all EU-Institutions
Co-Decision-Procedure
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Commission: right to submit initiatives
Joint decision-making powers between Council and European
Parliament
Council: qualified majority voting (15 MS; 65% of the EU
population)
Lisbon Treaty
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Relevant Changes Relating to Criminal Law
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Participation of the Parliaments of the MS in the decision
making process
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Competence to examine conformity with the principles of
Subsidiarity and Proportionality
ECJ
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General jurisdiction within all fields of criminal law
Contract violation proceedings
Preliminary ruling easier
Judgment regarding questions in pending trials in the MS
(regarding persons in custody)
Lisbon Treaty
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Relevant Changes Relating to Criminal Law
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European Public Prosecutor
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To be introduced by the Council
Part of Eurojust
Crimes affecting the financial interests of the EU
Extension of powers possible
Could be installed by enhanced cooperation of at least 9 MS
Supranational European Criminal Law
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Regarding the protection of the financial interests of the EU
If necessary also by means of regulations (?)
Lisbon Treaty
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Relevant Changes Relating to Criminal Law
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Opt-out clause for the UK, Ireland and Denmark
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Relating to closer cooperation in criminal matters
Problematic
“Emergency Brake”
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Compensation for the MS to give up their current right to veto
in the Third Pillar
Suspension of the ordinary legislative procedure
MS: legislative proposals affects fundamental aspects of its
legal system
Proposal then referred to the “European Council” (Heads of
State)