Leandro Mancano

Another brick in the whole: The case-law of the court of justice on free movement and its possible impact on European criminal law

Abstract European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

Criminal Conduct and Lack of Integration into the Society under EU Citizenship: This Marriage is Not to Be Performed

This paper presents three possible scenarios of interaction between criminal law (and detention in particular) and EU citizenship. The first scenario focuses on the actual relationship between EU criminal law and EU citizenship. The second scenario looks at the potential interactions between two relevant Framework Decisions – that on Transfer of Prisoners and that on Probation measures – and the EU Citizenship Directive. Finally, the third scenario revolves around the influence of national criminal law on EU citizenship. Such interactions are subject to an in-depth analysis, and I hone in on two recent decisions of the Court of Justice of the European Union, namely Onuekwere and M.G. By framing these judgments in a wider context of CJEU case-law, I try to find out how the Court is approaching the mutual influence between EU citizenship and criminal law. The conclusions reveal why this case law is used by the Court to enhance mutual trust, which is the most significant foundation of European criminal law.