True EU citizenship as a precursor to genuine criminal justice in Europe: an analysis of EU citizenship as it relates to a sustainable area of freedom, security and justice

Abstract

This paper traces developments - both legal and political in nature - relating to EU citizenship and compares the status quo to what individuals might expect from citizenship particularly within the context of criminal proceedings. Drawing upon debates in political science, it highlights the divergence between EU citizenship and what would normally be associated with any idea of citizenship. Exploring the parameters of European criminal justice and its revolutionary direction of travel, this essay highlights how strongly exposed EU citizens are to enhanced coercive state power within criminal proceedings because of this status. Consequently it advances an argument that reasonable expectations of citizenship are set up to be disappointed in the current context. This is particularly true as the CJEU scales back the protections associated with EU citizenship in the face of political pressure. It argues that the loss of legitimacy the EU may suffer as a result affects not only its relationship to citizens. As the European institutions take action against democratically elected governments viewed as in breach of fundamental EU values, its potential as a policy-laundering governance level in the criminal justice arena is identified as an enormous legitimacy problem. Analysing developments relevant to citizenship from a criminal justice perspective, this paper demonstrates that reform is urgently required. Leaving EU citizenship in its current form - shaped by Executive powers - is argued to expose the EU to legitimacy arguments it cannot win, as well as individual citizens to injustice in criminal proceedings.

Avrupa Birliği'nde Cezai Konularda Polis ve Adli İşbirliği

“…Until the Treaty of Lisbon, criminal law was considered as an area closely linked to and almost reserved for the sovereignty by the Member States rather than an EU matter. Whilst structures and organs of the EU were utilised to criminal justice ends, these were very deliberately characterised as serving the member states 64 In the post-Cold War era, the nature of cross-border security threats has changed 65 , which lead to globalisation of criminal law. One of the most significant innovations of the Treaty of Lisbon was the conferral to the EU of certain competences in criminal matters, according to which the national legislator, in some cases, is under the obligation to adopt criminal provisions implementing choices of criminalization decided at the supranational level.…”