The Emergent EU Criminal Policy: Identifying the Species

Christopher Stephen Peter Harding, Joanna Banach-Gutierrez

Research output: Contribution to journalArticlepeer-review

6 Citations (SciVal)


This article analyses the European Commission’s Communication of September 2011, “Towards an EU Criminal Policy”, in an attempt to identify more precisely the nature and role of what is now commonly referred to as “EU criminal law” and to extrapolate some theoretical foundation for the deployment of criminal law at the European level. The analysis is framed around three major tensions in contemporary criminal law development—criminalisation versus soft compliance, security versus justice and rights protection, and globalisation versus local diversity—leading in turn to three main questions: why use criminal law, with what risks,
and why at EU level?
Original languageEnglish
Pages (from-to)758-770
Number of pages13
JournalEuropean Law Review
Issue number6
Publication statusPublished - 31 Dec 2012


  • criminal law
  • criminal procedure
  • EU law
  • harmonisation


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