The Constitutional Implications of EU Criminalisation Powers

Gio, 02/17/2022 - 17:00 / 18:30

Research Seminars Virtual Room, Luiss

Speaker: Irene Wieczorek , Durham University

Abstract

The talk will start by illustrating the core argument of Irene’s monograph “The Legitimacy of EU Criminal Law”, namely that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law. This is criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself. Moving from this argument the book discusses what does such a symbolic use of EU criminalisation powers tells us about the nature of the EU, if more leaning towards a sovereign state or an international organisation. It draws from the literature on the relation between criminal law powers and statehood, and on the socializing, community-building, power of criminal law, and compares the place for criminal law powers in the EU and in Federal States with a focus on the US.