Comments on the Model Penal Code and European Criminal Law

auteur Kai Ambos
tijdschrift Substantive Criminal Law of the European Union (ISSN: )
jaargang 2011
aflevering Substantive Criminal Law of the European Union
onderdeel Artikelen
publicatie datum 19 juni 2012
taal English
pagina 227
samenvatting

European Realpolitik has long recognised the necessity of a European Criminal Law. Art. 29 II, 31 I(e) of the old EU Treaty called for a harmonisation of criminal provisions in the field of organised crime, terrorism and drug trafficking as early as 1992. The Lisbon Treaty has strengthened both the power of the Union to create supranational criminal law and to harmonise the criminal law of the member states. As to the former, the new Art. 325 of the Treaty on the Functioning of the EU (‘TFEU’) authorises the European Parliament (‘EP’) and the Council to “adopt the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union”.