Criminal law in the Lisbon Treaty and the police and justice cooperation in criminal matters

Josifovic, Ivica and Keskoski, Zlatko (2015) Criminal law in the Lisbon Treaty and the police and justice cooperation in criminal matters. International Journal - Journal of Process management, 10 (1). pp. 372-378. ISSN 1857-92

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Abstract

The paper presents the changes in the Area of Freedom, Security and Justice according the Lisbon Treaty, especially the Police and Justice Cooperation in criminal matters. The three pillar structure is replaced and the competences in the Area of Freedom, Security and Justice are increased and provisions transferred in the Treaty on Functioning of the European Union and within the ambit of the Court of Justice’s jurisdiction. Criminal law is an issue of particular sensibility. On one side, criminal law provisions seriously endanger individual rights, and on the other side, criminal law provisions reflect the basic values of society and therefore are reserved for national legislations. However, this traditional understanding of criminal law is not appropriate to the EU integration level. Having in mind these issues, member-states transferred several competences to the European Union in order to undertake measures in the area of criminal law, criminal procedure and cooperation in criminal matters. However, the principle of transferred competences, respect of domestic criminal justice and basic principles of proportionality and subsidiarity request careful use of these competences.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Ivica Josifovik
Date Deposited: 24 Feb 2016 12:03
Last Modified: 24 Feb 2016 12:03
URI: http://eprints.ugd.edu.mk/id/eprint/15545

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