Legal Effects of Directives Amending or Repealing Pre-Lisbon Framework Decisions
| Date | 01 December 2015 |
| DOI | 10.1177/203228441500600415 |
| Author | Helmut Satzger |
| Published date | 01 December 2015 |
| Subject Matter | Session 5: The CJEU and Future Challenges |
528 Intersentia
LEGAL EFFECTS OF DIRECTIVES AMENDING
OR REPEALING PRE-LISBON FRAMEWORK
DECISIONS*
H S**
ABSTRACT
e Treaty on the Functioning of the European Union does not know the category of
Framework Decisions any more. Nevertheless Framework Decisions “survived” the
entry into force of the Lisbon Treaty due to transitional regulations in Protocol No. 36.
is paper discusses unsolved questions which arise when directives under the TFEU
amend or repeal Framework Decisions. is is especially important when it comes to
considering the direct e ect of the amended Framework Dec isions.
Keywords: directive; direct e ect; fra mework decision; golden touch theory;
Lisbonisation; mixe d legal instrument
1. INTRODUCTION
Framework decisions were de ned as legal acts which were bind ing upon the Member
States as to the re sult to be a chieved but which shou ld leave to th e national authoritie s
the choice of form and methods. In a ny case, they – unl ike directives – should not
entail direct e ect.1
e framework decision was quite frequently used i n the area of judicial
cooperation, based on Art icle34 of the old Treaty on the European Union (TEU). is
legal basis was abolished by the Treaty of Lisbon. e forms of legal act s are now
exhaustively enumerated in A rticle 288 of the Treaty on the Functioning of t he
European Union (TFEU), the fra mework decision not being mentioned any more.
* is contribution is to be considered an article, with reference to the traditional NJECL division
between Ar ticles and Opinion.
** Professor at the Ludw ig-Maxim ilians-Unive rsität München (Germany), Holder of t he Chair of
German, Europ ean and International Crim inal Law, Criminal Proce dure and Business Crimina l
Law.
1 Cf. Article3 4 (2) supra 1 (b) TEU (old version).
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