From Overcriminalisation to Decriminalisation: The Many Faces of Effectiveness in European Criminal Law
| Author | Valsamis Mitsilegas |
| Date | 01 September 2014 |
| Published date | 01 September 2014 |
| DOI | 10.1177/203228441400500309 |
| Subject Matter | Article |
416 Intersentia
FROM OVERCRIMINALISATION TO
DECRIMINALISATION
e Many Faces of E ectiveness in
EuropeanCriminal Law
V M*
ABSTRACT
e ar ticle will highlight the many faces of e ectiveness in EU substantive criminal l aw.
It will start by examining instance s where the application of the principle of e ectiveness
may lead to overcriminalisation. Subsequently however, the article will demonstrate
that overcriminalisation is not a one-way street in this context and analyse instances
whereby the application of the principle of e ectiveness in European criminal law may
lead to decriminalisation. e article will conclude by looking at the future of
e ectiveness in EU criminal law post-Lisbon, when the principle of e ectiveness is
construed in conformity with the protection of fundamental rights as enshrined in the
EU Charter of Fundamental Rights.
Keywords: criminal isation; e ectiveness; EU Law; fundamental r ights
1. INTRODUCTION THE PRINCIPLE OF
EFFECTIVENESS, EU CRIMINAL LAW AND
THEEUCONSTITUTIONAL FRAMEWORK
e development of European crimina l law has been marked by an ongoing discussion
on the potential e ects of intervention by the EU institutions on the criminal justice
systems of Member States. Scepticism towards further European integration in
criminal mat ters has been based on two interrelated concerns: concerns regardi ng the
* Professor of Europea n Crimina l Law, Director of the Criminal Just ice Centre and Head of t he
Department of L aw, Queen Mary University of London .
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