The Principle of Direct Effect in Criminal Law: Theory and Practice

Gruodytė Edita (), Milčiuvienė Saulė () and Palionienė Neringa ()
Additional contact information
Gruodytė Edita: tenure professor in public law department and vice-dean for research at Faculty of law of Vytautas Magnus University, Kaunas, Lithuania.
Milčiuvienė Saulė: (Ph.D) is an associated professor at the Law faculty of Vytautas Magnus University, Kaunas, Lithuania.
Palionienė Neringa: (Ph.D) is a lecturer in at the Law faculty of Vytautas Magnus University, Kaunas, Lithuania.

European Studies - The Review of European Law, Economics and Politics, 2020, vol. 7, issue 1, 66-87

Abstract: The meaning of the general principles of EU law has been broadly developed by the Court of Justice of the European Union; however, for many years it had only limited competence in deciding criminal cases. The principle of direct effect is important for ensuring the efficient functioning of EU law. The aim of this research is to find out if and how this principle affects criminal justice. To reach this objective, the researchers examine how the substance and content of the principle, through the doctrine and the judgments of Court of Justice of the European Union, can influence national criminal law and criminal procedure. Afterwards, the actual impact of EU law on national criminal law is evaluated, taking Lithuania as an example. The analysis reveals that direct application of directives in material criminal law is highly unlikely, while in criminal procedural, law such a possibility is real if EU norms are clear, unconditional, and precise.

Keywords: Criminal law; European Law; EU cooperation in criminal matters; direct effect (search for similar items in EconPapers)
Date: 2020
References: Add references at CitEc
Citations:

Downloads: (external link)
https://doi.org/10.2478/eustu-2022-0047 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:7:y:2020:i:1:p:66-87:n:7

DOI: 10.2478/eustu-2022-0047

Access Statistics for this article

European Studies - The Review of European Law, Economics and Politics is currently edited by Nadežda Šišková

More articles in European Studies - The Review of European Law, Economics and Politics from Sciendo
Bibliographic data for series maintained by Peter Golla ().