The Role of EU principles in criminal law: is the principle of direct effect applicable?

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Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Anglų kalba / English
Title:
The Role of EU principles in criminal law: is the principle of direct effect applicable?
In the Journal:
Baltic journal of law & politics. 2020, Vol. 13, Nr. 2, p. 49-75
Keywords:
LT
Baudžiamoji teisė / Criminal law; Teisėkūra. Teisės šaltiniai / Legislation. Sources of law.
Summary / Abstract:

ENWith the enactment of the Lisbon Treaty, EU law gained supremacy over national law in ten areas of criminal law (with the possibility of extension in the future) treated as particularly serious crimes with a cross-border dimension and the right to enact directives. The question arises if and when direct effect is possible in criminal law, taking account of developments and applications of this principle in other areas of EU law. To answer this question, the following tasks are necessary: (1) to discuss the role of principles in criminal law, (2) to define the principle of direct effect through the academic literature and the jurisprudence of the CJEU, (3) to discuss whether directives could have direct effect in criminal law, and (4) to analyze the EU’s impact on Lithuanian national criminal law through an analysis of the jurisprudence of the Supreme Court of Lithuania. Keywords: EU, criminal law, principle of direct effect, directives. [From the publication]

DOI:
10.2478/bjlp-2020-0011
ISSN:
2029-0454
Subject:
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Permalink:
https://www.lituanistika.lt/content/104930
Updated:
2023-10-26 20:29:01
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