Principles of European Criminal Law: Jurisdiction, Choice of Forum, and the Legality Principle in the Area of Freedom, Security, and Justice

Developments in the European Union (EU) in the area of prosecution of transnational crime are tempestuous. Yet the debate on the role of the principles of criminal law in this area of the law is still in its infancy. This contribution explores the role of the legality principle (nullum crimen, nulla poena sine lege) in relation to choice of forum in the Area of Freedom, Security, and Justice (AFSJ). To what extent is the legality principle applicable in transnational cases? What must one think of current developments in light of this principle? Is the principle a factor of relevance for the European legislator and for the judiciary? It is advocated in this contribution that the legality principle of Article 49 of the Charter of Fundamental Rights (CFR) needs to be adapted to its transnational setting and that this must have implications for the state of play in European criminal law.

Journal/Publisher: European Review of Private Law, 2

Publication type: Article

Number of pages/Page range: 347-380

Language/s (content): English

Date of publication: 01-06-12

Personal data

Full name Michiel LUCHTMAN

Current occupation Contact Point

University/Institution Utrecht University

Address Boothstraat 6

Postal code 3512 BW

Country Netherlands

Telephone +31302537298

Email m.luchtman@uu.nl