The Normative Foundations for EU Criminal Justice: Powers, Limits and Justifications

EU policy-making in criminal law is a matter of significant public concern for EU citizens and the Member States. The exercise of EU public powers in the fields of criminal law and law enforcement have tangible and adverse consequences for the liberties and well-being of individuals. Furthermore, EU cooperation in the area of criminal law touches upon core functions of statehood including ‘core state powers’ such as the safeguarding of internal security and law enforcement. This raises several questions regarding the rationale underpinning EU criminal policy and its legitimacy within the context of a multi-level polity. This book explores forensically the question whether a compelling normative justification for the EU to regulate criminal justice. It argues that the key justification for supranational action lies in demonstrating the existence of European public goods such as the internal market, the transnational protection of the environment and the provision of security for citizens and other important transnational interests deserving of protection by means of criminal law. It should also be shown that the Union is better placed (given its resources, expertise and incentives) than Member States to protect those interests. This offers a compelling case for EU action in criminal law to address or correct transnational market failures, collective action problems and other externalities arising from the economic and social interdependence between states in the EU.