The Instruments of Harmonisation of National Criminal Law, Their Enforcement and the Role of the Court of Justice
| Published date | 01 December 2015 |
| DOI | 10.1177/203228441500600413 |
| Date | 01 December 2015 |
| Subject Matter | Session 4: The Ex-“Third Pillar” Instruments in the Lisbon Era: Towards a Full-Fledged Judicial Control in the AFSJ? |
494 Intersentia
THE INSTRUMENTS OF HARMONISATION
OFNATIONAL CRIMINAL LAW,
THEIRENFORCEMENT AND THE ROLE
OFTHE COURT OF JUSTICE*
G G**
ABSTRACT
One of the main innovations of the Treaty of Lisbon relating to criminal just ice matters
is the abolition of the division into pillars that had featured within the previous
institutional structure. is institutional change will have an e ect on the legal
instruments of the Area of Freedom, Security and Justice, adopted since the entry into
force of the Treaty of Lisbon. As far as the acts adopted in the past, the transitional
regime enshrined in Articles9 and 10 of Protocol no. 36 (devoted to transitional
provisions) needs to be carefully ex amined. According to Article9, the third pillar acts
adopted before the entry into force of the Treaty of Lisbon keep their proper e ects
unchanged ‘until those acts are repealed, annulled or amended in implementation of
the Treaties’; in the eld of harmonisation or approximation of national sanctioning
rules, this means that third pillar harmonising legal instruments (usually framework
decisions) will continue to have their legal e ects. Such e ects di er in several respects
from those of the directives. Article 10 of Protocol no. 36 is especially devoted to the
competence of the European Court of Justice. In particular, it states that in relation to
the third pillar acts adopted before the entry into force of the Treaty of Lisbon, the
previous provi sions of Title VI of the original version of the Treaty on European Union,
and especially Article 35, continue to apply. is transitional regime meets two
limitations. First of all, the new prov isions on the competence of the Court will apply in
case of amendment of a third pillar act and for those Member States to which that
amended act shall apply (Article 10 (2)). Secondly, a er the transitional period of ve
years, the new provisions will apply (Article10 (3)). is ar ticle will carefully examine
* is contribution is to be considered an article, with reference to the traditional NJECL division
between Ar ticles and Opinion.
** Professor, University of Catania.
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