The article analyses the current position of legal certainty within the area of freedom, security and justice, and more specifically in EU criminal law. The current legal status of EU criminal law is first briefly presented. Thereafter the area and its present status are described, as is the concept of legal certainty within the area. The characteristics of EU criminal law are focused on, especially in relation to the nature of a European criminal justice ‘system’, which demonstrates why the EU is different as compared to the Member States. This difference especially affects legal certainty and the new legislative initiatives. To exemplify legal certainty, four examples from EU criminal law are chosen. These are a) mutual recognition in relation to human rights, b) minimum procedural rights, c) the position of the victim, which quite recently has been added to the EU criminal law field and d) the possible European public prosecutor’s office, where focus is laid on judicial review from a legal certainty point of view. These four examples are chosen due to their exemplification of how the EU within the area of freedom, security and justice perceives legal certainty and what is currently considered important for this. In the final chapter, some concluding remarks are made to sum up the situation.
Copyright (c) 2014 Annika Elisabet Suominen
This work is licensed under a Creative Commons Attribution 3.0 International License.
Authors who publish with this journal agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.