On the Transformative Power of European Criminal Law

Abstract

There is still a widespread view of criminal law that criminal codes contain constants of prohibited behaviours. Yet, legislative activity in the field of substantive criminal law is growing, and a substantial part of such activity at the national level is fuelled by legislative activity at the European level. On this background, this contribution discusses the role criminal law provisions enacted by the European Union have in the transformation of national criminal laws. In particular, directives based on Article 83 TFEU serve as a rationale and impetus for legislative activity at the national level. The specific features of criminal law in a European context shape the utility—and (il)legitimacy—of European Criminal Law to precede, influence, and/or support transformation processes in European societies.