EU Criminal Law in National Courts: Breaking the Monopoly?

Growth in EU Competence in the field of criminal law has gradually led to more and more secondary legislation with an impact in the criminal law sphere. Member State Courts are gradually being expected to give effect to these measures in ever more complex ways. This leads to difficult questions about the appropriate extent of such effects given the sovereignty implications of obligations relating to criminal law, and the additional rights concerns triggered by criminal tribunals. This piece argues that while the ECJ has got the balance right in the majority of its case law, in certain circumstances, it has shown too great a willingness to push those concerns aside in the interest of pushing forward with its broader constitutionalizing agenda. © 2013 Springer Science+Business Media Dordrecht.