From Overcriminalisation to Decriminalisation. The Many Faces of Effectiveness in European Criminal Law

The article will highlight the many faces of effectiveness in EU substantive criminal law. It will start by examining instances where the application of the principle of effectiveness may lead to overcriminalisation. Subsequently however, the article will demonstrate that overcriminalisation is not a one-way street in this context and analyse instances whereby the application of the principle of effectiveness in European criminal law may lead to decriminalisation. The article will conclude by looking at the future of effectiveness in EU criminal law post-Lisbon, when the principle of effectiveness is construed in conformity with the protection of fundamental rights as enshrined in the EU Charter of Fundamental Rights.

Journal/Publisher: New Journal of European Criminal Law, 3/2014, special issue on Effectiveness in EU Criminal Law

Publication type: Article

Number of pages/Page range: 415-424

Language/s (content): English

Date of publication: 01-09-14

Personal data

Full name Valsamis MITSILEGAS

Current occupation Coordinator

University/Institution Queen Mary University

Address Mile End Road 339

Postal code E1 4NS

Telephone +44(0) 2078825132

Fax +44(0)2089818733

Email v.mitsilegas@qmul.ac.uk