Punishment, deprivation of liberty and the Europeanization of criminal justice

Publication Date01 December 2018
DOI10.1177/1023263X18820817
AuthorIrene Wieczorek
SubjectIntroduction
Introduction
Punishment, deprivation of
liberty and the Europeanization
of criminal justice
Irene Wieczorek*
Keywords
Punishment, fundamental rights, liberty, rehabilitation, mutual recognition
Scholars have been interested in the Europeanization of criminal justice since the European Union
acquired competence in this area. Being at the crossroads of EU law and criminal law, two fields
whose legitimacy is in constant need of redefinition and reaffirmation, EU criminal law as a policy
area unsurprisingly raises a lively debate. On the one hand, questions emerge as to how do
traditional EU law debates, such as the separation of powers,
1
respect of general principles of
EU Law
2
and respect of fundamental rights,
3
unfold in the special field of criminal matters. On the
other hand, scholars investigated the impact of the Europeanization of criminal justice on tradi-
tional criminal law principles and doctrines, including legality,
4
guilt
5
and conduct.
6
This special
* Post-doctoral Research Associate, University of Cambridge, and Universit´
e Libre de Bruxelles, sponsored by the Wiener
Anspach Foundation, and FWO Postdoctoral Fellow
Corresponding author:
Irene Wieczorek, Department of Law, University of Cambridge, 10 West Road, Cambridge CB4 9DQ, UK.
E-mail: irene.wieczorek@ulb.ac.be
1. M. Samuli, The Political Constitution of EU Criminal Law: Choices of Legal Basis and their Consequences in the New
Constitutional Framework (Hart Publishing, 2018).
2. I. Wieczorek, ‘The principle of Subsidiarity in EU Criminal Law’, in C. Bri`ere and A. Weyembergh (eds.), The Needed
Balances in EU Criminal Law: Past, Present and Future (Hart Publishing, 2017); X. Ermioni, ‘The Quest for pro-
portionality for the European Arrest Warrant: Fundamental Rights Protection in a Mutual Recognition Environment’, 6
New Journal of European Criminal Law (2015), p. 32.
3. P. De Hert, ‘EU Criminal law and Fundamental Rights’, in V. Mitsilegas, M. Bergstrom and T. Konstantinides (eds.),
Research Handbook on EU Criminal Law (Routledge, 2016).
4. P. Christina, The Principle of Legality in European Criminal Law (Intersentia, 2015).
5. J. Blomsma, Mens Rea and Defences in European Criminal Law (Intersentia 2012).
6. K. Johannes, Actus Reus and Participation in European Criminal Law (Intersentia, 2013).
Maastricht Journal of European and
Comparative Law
2018, Vol. 25(6) 651–654
ªThe Author(s) 2019
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DOI: 10.1177/1023263X18820817
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