GENERAL PRINCIPLES GUIDING THE INCRIMINATING ACTIVITY OF THE EUROPEAN LEGISLATURE
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Authors:
• Lamya – Diana AL-KAWADRI, email: av.ldk.ro@gmail.com, Afiliation: Researcher, Centre for Legal, Economic and Socio-Administrative Studies, “Nicolae Titulescu” University, Bucharest, Romania -
Keywords: european criminal law, principles, incrimination, sanctions, effects
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Abstract:
As the title itself reveals, the purpose of this study is to identify the general principles guiding the incriminating activity incumbent upon the European legislature. Thus, this study started in the first part to analyze the principle of legality which is found not only at the basis of the law itself – lato sensu – and specific to each member state of the European Union (but not exclusively), and which represents the fundamental principle of the European law also. Also, we shall also present a few important characteristics of other principles such as, subsidiarity and proportionality, ultima ratio principle, principle of guilt. Moreover, in the second part of this study we tried to analyze some procedural aspects regarding the conferral of powers and the jurisdiction in criminal matters and the duty to cooperate in good faith as tools that the European legislature has used and is using in its standardization activity and, if we may say so, even in the development of a common legislation to all member states of the European Union, especially in criminal matters. Furthermore, in its’ third part, this study highlights the main changes brought by the Treaty of Lisbon regarding first and foremost the shared competence and also the new instruments used by the main Community actors.