Typology of Pre-Lisbon Acts and Their Legal Effects According to Protocol No. 36
| Published date | 01 December 2015 |
| DOI | 10.1177/203228441500600412 |
| Author | Fritz Zeder |
| 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? |
New Journal of Eu ropean Crimina l Law, Vol. 6, Issue 4, 2015 485
TYPOLOGY OF PRE-LISBON ACTS AND
THEIR LEGAL EFFECTS ACCORDING TO
PROTOCOL No. 36*
F Z**
ABSTRACT
e legal e ects of acts in the eld of police cooperation and judicial cooperation in
criminal matters, adopted on the basis of the TEU prior to the entry into force of the
Treaty of Lisbon, are preserved until those acts are repealed, annulled or amended.
ere is still a considerable number of such acts in force. e article looks into what
exactly these legal e ects are today, distinguishing between four categories of such acts
(framework decisions, decisions, implementing decisions and conventions); one of the
legal e ects l ooked at is the possibility of infringement procedures. Re ference is made to
a recent ECJ judgment which clari es the legal e ects of implementing decisions and
rules that such decisions can still be adopted today, under certain procedural
requirements.
Keywords: framework decisions; implementing decisions; infringement procedures;
Lisbon Treaty ; transitional provisions
e Treaty of Lisbon has integrated the old so c alled third pillar into Union Law; the
former intergovernmental way of law-making in the eld of police cooperation and
judicial cooperation in cr iminal matters ended with the entr y into force of the Treaty
of Lisbon, on the rst of December 20 09; in addition, on 1 December 2014, certain
transitional me asures (remainders of the old system) ceased to apply.
Why is it then necessar y to look back to pre-Lisbon acts and their legal e ects?
* is contribution is to be considered an article, with reference to the traditional NJECL division
between Ar ticles and Opinion.
** Hon.-Prof. Dr. Fritz Zede r, Dr. iur. (Vienna), D.E.A. crim inal law (Paris), is head of a u nit for
crimina l law legislation i n the Austria n Federal Min istry of Justic e and Honorary Profe ssor for
crimina l law and crimina l procedure at the University of V ienna. Contact: fr itz.zeder@bmj.gv.at
is article is b ased on the author’s intervent ion at the Conference “ e competence of the Court of
Justice of the EU in t he Area of Freedom, Secu rity and Justice”, held at LUIS S University in Rome on
13 and 14November 2014; the conference was the rst of a series of thre e Trio Presidency conference s
(Italy, Latvia and L uxemburg).
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