@article{908973,
      recid = {908973},
      author = {Miettinen, Samuli.},
      title = {Criminal law and policy in the European Union [electronic  resource] /},
      publisher = {Routledge,},
      address = {London ;},
      pages = {xlix, 248 p.},
      year = {2013},
      abstract = {"A literal construction of the EC and EU Treaties suggests  that their framers intended to limit the positive  competences of both the Community and the Union in the  field of criminal law. However, the European Court of  Justice has consistently applied tests of necessity and  effectiveness to develop the Community's catalogue of  legislative competences and the interpretation of Community  law, culminating in decisions which accord to the Community  a limited criminal competence where this is deemed  necessary for the effectiveness of other policy aims. This  book takes stock of the development of criminal law in the  context of the European Community and the European Union,  and examines whether this has led to a European criminal  policy, and interrogates the legal effects that  European-level initiatives in the field have on national  criminal law and on suspects. The work reflects on the  interaction between the law of the European Community and  national criminal law since the signing of the Treaty of  Rome and proceed to consider the prospects of criminal law  enacted at the European level against this framework of  historical development. The book will review the supremacy  of Community law over conflicting national criminal law,  the past legislative practice of harmonised  'administrative' penalties and their impact on national  legal systems, the ramifications of the Greek Maize  decision, the development of relevant Community principles  of fundamental rights, and the 2005 decisions on implied  criminal competence and sympathetic interpretation. In the  light of these developments and the judgment of the Court  of Justice in the Ship-Source Pollution case, the work will  explore whether there are fields in which the Community  might enact directly applicable criminal penalties in the  form of EC regulations. It will also examine related  doctrinal concerns considered by the Court of Justice in  its earlier case law on the interface between EC law and  national criminal law"--},
      url = {http://library.usi.edu/record/908973},
}