Legitimizing European Criminal Law

1. Front Matter

   Pages i-xiii

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2. Introduction

   • Merita Kettunen

   Pages 1-45

3. The Nature of Traditional Criminal Law

   • Merita Kettunen

   Pages 47-66

4. Features of European Criminal Law

   • Merita Kettunen

   Pages 67-149

5. Theoretical Ideals for European Constitutional Structures and Criminal Legislation

   • Merita Kettunen

   Pages 151-196

6. Ideals Shaken by Realities

   • Merita Kettunen

   Pages 197-244

7. Conclusions: European Criminal Law—Justification and Restrictions

   • Merita Kettunen

   Pages 245-251

8. Back Matter

   Pages 253-278

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The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.
The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serveto round out the coverage.

• European criminal law
• Transnational criminal law
• Constitutionalization of criminal law
• ECHR
• European constitutional structures
• european union politics

• Helsinki, Finland

  Merita Kettunen

Merita Kettunen, University of Helskinki

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