Towards a European Criminal Law Code? EIPAscope 01/2011

The creation of a European criminal law code is a complex and, to a certain extent unpopular issue. It is complex because it suggests harmonisation of national substantial and procedural criminal law systems and unpopular amongst Member States because indeed harmonisation of criminal law is utterly sensitive, displaying one of the last corners of Member States’ sovereignty. The Lisbon Treaty has provided the European Union (EU) with new competences in the area of judicial cooperation in criminal matters and law enforcement cooperation as this area has now become an area of shared competences with the Member States. Two important questions arise from these new competences. First, does the Treaty on the Functioning of the European Union (TFEU) provide the means for further harmonisation? Second, will this harmonisation lead legislators to create a European Criminal Code and a European Criminal Procedural Code? This article will discuss the issue of harmonisation and then provide elements of answer to the second question through the angle of the possible setting up of a European Public Prosecutor’s Office