Multilayered criminal policy: The Finnish experience regarding the development of Europeanized criminal justice
| Author | Raimo Lahti |
| DOI | 10.1177/2032284419898527 |
| Published date | 01 March 2020 |
| Date | 01 March 2020 |
| Subject Matter | Articles |
Article
Multilayered criminal policy:
The Finnish experience
regarding the development of
Europeanized criminal justice
Raimo Lahti
Faculty of Law, University of Helsinki, Finland
Abstract
The article examines the development towards a multilayered criminal policy in Europe on the
basis of the Finnish experience. Three basic trends are noticeable from that point of view: Scan-
dinavization of Finnish criminal and sanction policy; the influence of human and basic rights on the
Finnish legal culture and criminal procedural law; and the effects of constitutional, human rights and
EU law obligations on the Finnish criminal law reform. In addition, the challenges arising from
Europeanization and internationalization of criminal law and criminal justice are analysed. In the
concluding remarks, Finnish and Scandinavian criticism is expressed in relation to the unification of
European criminal law, in favour of ‘united in diversity’.
Keywords
Multilayered criminal policy, Europeanization and internationalization of criminal law, Finnish and
Scandinavian criminal justice, criminal sanctions, united in diversity
Introduction
In order to understand the development of the Finnish criminal policy and criminal justice, it
should be examined in the context of its major ideological tendencies of criminal policy in Finland
and Scandinavia. In addition, the relationship between criminal policy and criminal law and
criminal justice system more generally should be studied and then take into account the various
actors of criminal policy and their roles.
The multilayered patchwork of legislation and legal practice must also be noticed. In principle,
the following different levels of legal orders can be separated: (a) the global (international) –
primarily United Nations (UN) – level; (b) the regional (European) level divided into Council of
Corresponding author:
Raimo Lahti, University of Helsinki, Helsinki, 00014, Finland.
E-mail: raimo.lahti@helsinki.fi
New Journal of European Criminal Law
2020, Vol. 11(1) 7–19
ªThe Author(s) 2020
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DOI: 10.1177/2032284419898527
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