In Pursuit of Basics for a New Principle of Legal Reserve in Supranational Criminal Law

Reflecting on the future challenges inherent in a globalized world is a pressing need at all levels (public sector, private sector and civil society). If the aim is to avoid asymmetries provoked by globalization and to face up, effectively and legitimately, to its growing risks, such asinternational financial instability and climate change or problems related to migration, poverty and crime, there is no alternative but to seek more effective mechanisms for cooperation and  policy integration. However, these mechanisms must be introduced without neglecting the legitimacy of international and supranational institutions and of the decisions arising fromthem. With this backdrop in mind, this paper focuses on the study of the principle of legal reserve in criminal matters and aims to find basics for its adjustment to a supranational order,specifically to the EU. The purpose here is to show that the traditional principle of legal reserve may be configured differently at EU level, providing that a mínimum content based on the mutual reinforcement of different ways of legitimacy is safeguarded. This would only be  possible, however, if the new legislative discourse ensures the emergence of a rational criminal law. The legality principle is not currently working, even in national contexts, where it isundoubtedly going through a profound crisis of identity.

Journal/Publisher: European Criminal Law Review, Issue 3

Publication type: Article

Number of pages/Page range: 252-275

Language/s (content): English

Date of publication: 01-10-12

Personal data

Full name Marta MUÑOZ DE MORALES ROMERO

Current occupation Contact Point

University/Institution University of Castilla-La Mancha

Address Altagracia 50

Postal code 13071

Country Spain

Telephone 0034926295300 ext. 6849

Email marta.mmorales@uclm.es