The missing link between “necessity” and “approximation of criminal sanctions” in the EU

Abstract

Ever since the entry into force of the Amsterdam Treaty, the EU has had the competence to adjust national legislations via approximation instruments. In doing so, it has had the ability to influence the sanctions foreseen in the national criminal codes. The aim of this contribution is to review the scope of the EUs competence to approximate national criminal sanctions with a view to assessing (1) the existence of an EU policy with respect to the approximation of sanctions and (2) the extent to which the legal basis has been used in a consistent and correct way. The frequently stressed sensitivity of the matter and the reluctance of Member States to give up their national sovereignty when it comes to criminal law highlight the crucial need for a such policy and consistent and correct use of provisions. The contribution goes into the existing minimum maximum sanctions as well as possible future minimum minimum sanctions and maximum maximum sanctions.