The penal policy of the European Union

Nina Peršak

Chapter 17 in Research Handbook on Penal Policy, 2026, pp 330-346 from Edward Elgar Publishing

Abstract: European Union (EU) penal policy refers to the development and harmonization of criminal law across the member states of the EU, aiming to address serious cross-border crime and ensure the effective enforcement of EU policies. It involves multiple stakeholders and requires balancing normative, pragmatic, and political considerations. Chapter 17 examines three key aspects of EU penal policy measures: their scope, legitimacy, and effectiveness. The scope of EU criminalization is limited by EU competence and guided by the principles of subsidiarity and proportionality. Legitimacy is grounded in a harm-based approach to criminalization, coherence and consistency, respect for fundamental rights, and adherence to core principles of criminal law. Since the Lisbon Treaty, effectiveness-based criminalization has raised concerns about overcriminalization and expanding the use of criminal law on functional grounds without strong normative justification. Ongoing challenges include implementation, mutual trust among member states, and balancing security with fundamental rights. EU penal policy must remain adaptive yet principled to prevent the misuse of criminal law and to ensure its continued legitimacy and effectiveness.

Keywords: EU penal policy; Legitimacy; Effectiveness; Harm principle; Legal goods (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035308521
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