The importance of core principles of substantive criminal law for a European criminal policy respecting fundamental rights and the rule of law

The article discusses the conditions on which a rule-of-law abiding criminal policy may beexercised on a European level. The analysis is premised on the understanding that criminallaw fulfils a dual role: on the one hand, it protects fundamental interests; on the other, itconstitutes a yardstick of civil liberties. Hence, the very identity of substantive criminal lawcannot allow it to be reduced to a mere procedural mechanism coordinating various legal ordersof EU member States. The main part of the presentation is dedicated to affirming this positionby transposing fundamental principles of criminal law traced in domestic legal orders to abroader European environment. The principles examined in this light are: the requirement of afundamental interest worthy of protection; the ultima ratio principle; the principle of legality;the requirement of law enacted by Parliament; the lex certa requirement; and the principle ofguilt. Each one among these principles is applied with a view to restraining counter-crime policyin a manner that respects civil liberties. Accordingly, it is shown that respect for these principleswould effectively associate the nascent ‘European criminal law’ with the constitutional traditionsof EU Member States, thus ensuring its compliance with the rule of law.

Journal/Publisher: European Criminal Law Review, Issue 1

Publication type: Article

Number of pages/Page range: 7-34

Language/s (content): English

Date of publication: 03-01-11

Personal data

Full name Maria KAIAFA-GBANDI

Current occupation Member

University/Institution Aristotle University Thessaloniki

Address Panepistimioupoli s/n

Postal code 54124

Telephone 0030 2310 996497

Fax 0030 2310 996494

Email kaiafagb@law.auth.gr