1. CRIMINAL LAW OF THE EUROPEAN UNION 30 October 2015 HISTORICAL DEVELOPMENT OF EU COMPETENCES IN THE AREA OF CRIMINAL LAW Dr. sc. Zoran Burić University of Zagreb – Faculty of Law Department of Criminal Procedural Law www.pravo.unizg.hr/kpp zoburic@pravo.hr

2. FOUNDATIONS OF THE EU 1951 Treaty of Paris – European Coal and Steel Community (ECSC) 1957 Treaty of Rome – European Economic Community (EEC), European Atomic Energy Community (Euratom) No competences for the European Communities in the area of criminal law? WHY?

3. INFLUENCE OF COMMUNITY LAW ON NATIONAL CRIMINAL LAWS NEGATIVE INTEGRATION ASSIMILATION INTERPRETATION OF NATIONAL CRIMINAL LAW IN CONFORMITY WITH EU LAW DIRECTIVES WITH CRIMINAL LAW PROVISIONS

4. INITIATIVES Late 1970s: French Proposal to establish „European Judicial Area in Criminal Matters” – primarily refereed to judicial coopreation in the field of terrorism TREVI – informal network, counter-terrorism issues Schengen – 1985 Common characteristic: outside of the EU legal framework

5. WHY? Emergence of areas of criminality which were of common concern to MS Development of EU internal market law Abolition of internal frontiers Political events external to the Communities

6. CONSEQUENCES MAASTRICHT TREATY - The EU is created - Pillar structure - Provisions on coperation in the field of justice and home affairs, Third pillar - Instruments: Conventions, Joint positions, Joint actions - Role of the EU institutions – limited - Decision making: unanimity

7. FURTHER DEVELOPMENT Amsterdam Treaty - Third pillar limited to police and judicial cooperation in criminal matters - General Union objective: Area of Freedom, Security and Justice - Incorporation of Schengen into the EU legal regime - Decision making: unanimity - Role of the institutions: limited - Instruments: Common positions, Decisions and Framework Decisions