Content and impact of approximation: the case of terrorist offences (Council Framework Decisions of 2002 and 2008)

Following an introduction, which identifies the institutional and decision-making changes resulting from the Lisbon Treaty and examines the novel interactions among European actors, the book is divided into two main sections.

The first one develops a crosscutting approach, which can be applied to the approximation of substantive criminal law irrespective of any specific domain of analysis. It draws together reflections on the importance of fundamental principles of criminal law; on the so-called annex-competence provided for by Article 83(2) TFEU; on the role of the approximation of substantive criminal law with a view to the establishment of a European Public Prosecutor’s Office; and on the development of a general substantive criminal law for the EU. 

The focus of the second part of the book is on evaluating the impact of EU approximation instruments in three selected areas (drug trafficking, terrorist offences and trafficking in human beings). In cases where successive EU instruments have been adopted over time, this second part will assess whether and to what extent evaluation processes had an impact on the drafting of subsequent provisions.

The edited volume ends with concluding remarks on the way forward.

This book has been co-written by an international team mainly composed of academics and researchers who are members of ECLAN (the European Criminal Law Academic Network).

Journal/Publisher: Éditions de l'Université Libre de Bruxelles

Co-author/s: Miguel Ângelo LEMOS in Francesca GALLI and Anne WEYEMBERGH (Eds.), "Approximation of Substantive Criminal Law in the EU. The Way Forward"

Publication type: Book chapter

Number of pages/Page range: 153-167

Language/s (content): English

Date of publication: 01-10-13

Personal data

Full name Pedro CAEIRO

Current occupation Management Committee

University/Institution University of Coimbra

Address Faculdade de Direito, Pátio da Universidade

Postal code 3004-545 Coimbra

Country Portugal

Telephone +351.239.859802

Email pcaeiro@fd.uc.pt