Extract
[...] Of other" part, the legitimacy de the normativity de the EU may be contested, notably due to the intergovernmental nature of the European Council institutions and of the council of the ministers ; here are compounds by the executive of States members. However, these EU institutions have essential roles in relation to EU legislative acts. In this sense, despite the acceptance and will of the EU member states, the legitimacy of supranational texts can be questioned. National criminal law is called into question by new European norms, particularly in response to the evolution of European construction, with the aim of achieving several objectives. [...]
[...] Specifically, the EU seeks to strengthen police and judicial cooperation between member states, in order to be able to punish and sanction the authors of euro crime or euro delit. In fact, these are infractions cross-border, that the authorities national must power pursue and incriminate. It is in this sense that the article 83 of the TFEU aims to harmonize the legislation of the member states, in order to also promote the circulation of penal judicial decisions, that is to say that the EU member states implement the decisions of justice of the others États members. [...]
[...] Little at little, of new texts European are Venus to compete with the French National Parliament, until to amputate the national legislative identity. Originally, the legislative identity was respected, and member states still had their sovereignty national for create their right penal, like affirm it the CJEU them 11 November 1981 in the judgment Casati. In fact, the Member States remain free to define the penal sanction to be implemented, in order to ensure the effectiveness of Union law. The CJEU only sets a negative condition : Member States must not infringe the freedoms protected by the EU treaties. [...]
[...] In what ways has the development of Europe encroached on the legislative sovereignty of the member states? « The penal law must, in fact, exclusively draw from the source of democratic sovereignty." Well plus which is that of the sovereignty national. » Christophe Eoche-Duval, in in the « Revue de science criminelle et de droit comparé », asserts in 2012 that penal law is no longer necessarily issued only of the sovereignty national, but plus enlargement of the souveraineté democratic, who can if to build at a scale more large, to like of a scale European. [...]
[...] In 2009, in question it has posed of create a manifesto for a European criminal policy, with the main principles of penal law. In the face of a law penal who harmonises with of the infractions similar in all the countries of the EU, the idea of creating a European penal code for these offenses has been proposed. This manifesto would have all the more annihilated the national legislative identity of member states, with a general European penal text that would apply to all member states. [...]
