Versita

THE DEVELOPMENT OF EUROPEAN CRIMINAL LAW AS A CULTURAL CHALLENGE

Volker Stiebig
Keywords: Constitution for Europe, cultural identity, European criminal law, European integration, German Constitution, Lisbon Judgment, Lisbon Treaty ,

Abstract

The article gives an appraisal of the last years‟ development in criminal matters in the European Union and answers the question if an integrative “European Criminal Law” already exists. Against this background, the “Lisbon Judgment” of the Federal Constitutional Court is analyzed and the basic guidelines of the judgment regarding criminal law are elaborated. The article also explains the requirements made by the Federal Constitutional Court on the decisions on punishable behavior, on the rank of legally protected interests and on the meaning of threat of punishment. Based on this, the additional value of a supranational public prosecution is discussed, as well as some ways in which criminal law influences the cultural identity of European nations.