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The Role of EU Principles in Criminal Law: is the Principle of Direct Effect Applicable? Cover

The Role of EU Principles in Criminal Law: is the Principle of Direct Effect Applicable?

Open Access
|Mar 2021

Abstract

With the enactment of the Lisbon Treaty, EU law gained supremacy over national law in ten areas of criminal law (with the possibility of extension in the future) treated as particularly serious crimes with a cross-border dimension and the right to enact directives. The question arises if and when direct effect is possible in criminal law, taking account of developments and applications of this principle in other areas of EU law. To answer this question, the following tasks are necessary: (1) to discuss the role of principles in criminal law, (2) to define the principle of direct effect through the academic literature and the jurisprudence of the CJEU, (3) to discuss whether directives could have direct effect in criminal law, and (4) to analyze the EU’s impact on Lithuanian national criminal law through an analysis of the jurisprudence of the Supreme Court of Lithuania.

Language: English
Page range: 49 - 75
Submitted on: Oct 19, 2020
Accepted on: Dec 29, 2020
Published on: Mar 18, 2021
Published by: Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2021 Edita Gruodytė, Saulė Milčiuvienė, Neringa Palionienė, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.