The Influence of the European Legislator on the National Criminal Law of Member States: It Is All in the Combination Chosen

Abstract

Throughout the years European law and legislation has obtained more influence on the domestic legal order. This influence could increase, especially in the field of criminal law, with the commencement of the Treaty of Lisbon. Therefore, questions arise about the extent that the influence of the European legislator could have on the national justice system. In this article I will discuss how the choice of the European legislator between the degree of harmonisation and the amount of detail in the directive influences the national criminal law of the Member States. By examining the meaning of the prohibition of Directive 2005/60/EC and the implementation of the directive in the Dutch and Belgian criminal justice systems, the four types of combinations which the European legislator can apply in a directive will be discussed. These combinations vary in their degree of harmonisation and in the amount of detail. These combinations determine how great the influence of the European legislator on the national criminal justice system will be.