Editor Rei dos Livros
Author(s) Margarida Maria de Oliveira Santos
Year 2016
Availability for sale
Synopsis Reflecting on some of the challenges and prospects surrounding the (new) model of criminal prosecution initiated by the European Public Prosecutor’s Office is a challenging task – perhaps too challenging – insofar as the subject itself involves a number of issues dear to the law, and Criminal law in particular. For example, it calls for issues relating to the loss of the state monopoly in criminal jurisdiction, the dilemmas surrounding the concept of sovereignty, the constellation of innovations and breakdowns in the paradigm of classical criminal law, the formulation of the principle of material legality, national and European headquarters, the relationship between the national and European legislators in (re) writing the criminal law, the reflection on the nature of supranational legal goods, the formulation of the legal types that shape the object material of action of the European Public Prosecutor’s Office, among other complex issues, which each deserved autonomous treatment. On the other hand, to reflect on a model of criminal law of the European Union implies also going through the reflection on the following paths, in criminal policy, from the moment within the European Union. It implies, for example, that it reflects on pure supranational and cooperation models and that it reflects on the options appropriate to our context. It also calls, in a way, to consider whether the way will be that of normative unification or harmonization, in the context of different legal systems.