Danish criminal law and the EU

Danish criminal law has always had an ambivalent and complicated relationship to the EU and EU law and, for that reason, Denmark has a judicial ‘opt-out’. The ambivalent and complicated relationship has not been scaled down following the entering into force of the Lisbon Treaty – quite the contrary. This is due to the fact that Denmark, on the one hand, does not participate in the EU supranational co-operation in criminal law matters, while on the other hand, it is still bound by the acts adopted before the Lisbon Treaty’s entry into force under the then-applicable Title VI of the TEU (the old third pillar) – even if the other EU Member States have abolished these acts. It is also due to the fact that it has not been clarified whether Denmark is still covered by the judicial co-operation in criminal matters which the European Court of Justice in its two judgments regarding environmental protection and ship-source pollution determined fell within the old first pillar. To this can be added that Denmark seems to want its criminal law to be in accordance with the other EU member states’ criminal law and therefore, in spite of the ‘opt-out’, “implements” new directives based on Art.’s 82(2) and 83(1) TFEU.

Journal/Publisher: European Criminal Law Review, Volume 3

Publication type: Article

Number of pages/Page range: 300-318

Language/s (content): English

Date of publication: 02-01-13

Personal data

Full name Trine BAUMBACH

Current occupation Member

University/Institution Centre for Public Regulation and Administration

Address Studiestræde 6

Postal code 1455 København

Telephone 0045 35 32 33 42

Email trine.baumbach@jur.ku.dk