{"title":"From facts and political objectives to legal bases and legal provisions: Incremental European integration in the criminal law field","authors":"Nicholas Franssen, Anne Weyembergh","doi":"10.1111/eulj.12449","DOIUrl":null,"url":null,"abstract":"<p>This contribution intends to show that normative foundations, in the sense of foundations prescribing norms or expressing prescriptions, have been rather limited in determining or defining the legal bases, legal provisions and their evolution in EU criminal law. EU primary and secondary law in penal matters has indeed been adopted mainly in reaction to the need to adjust to reality, to face challenges, react to facts, incidents and threats and to implement overwhelmingly political objectives, which themselves follow most of the time from the said factual or operational needs resulting from practice. This thus calls for an assessment of the advantages and risks of the relatively decisive role of external factors on the development of criminal justice in the EU.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"27 4-6","pages":"368-377"},"PeriodicalIF":1.4000,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Law Journal","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/eulj.12449","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This contribution intends to show that normative foundations, in the sense of foundations prescribing norms or expressing prescriptions, have been rather limited in determining or defining the legal bases, legal provisions and their evolution in EU criminal law. EU primary and secondary law in penal matters has indeed been adopted mainly in reaction to the need to adjust to reality, to face challenges, react to facts, incidents and threats and to implement overwhelmingly political objectives, which themselves follow most of the time from the said factual or operational needs resulting from practice. This thus calls for an assessment of the advantages and risks of the relatively decisive role of external factors on the development of criminal justice in the EU.
期刊介绍：
The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.
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