Principles of European Criminal Law: Jurisdiction, Choice of Forum, and the Legality Principle in the Area of Freedom, Security, and Justice

Abstract

Developments in the European Union (EU) in the area of prosecution of transnational crime are tempestuous. Yet the debate on the role of the principles of criminal law in this area of the law is still in its infancy. This contribution explores the role of the legality principle (nullum crimen, nulla poena sine lege) in relation to choice of forum in the Area of Freedom, Security, and Justice (AFSJ). To what extent is the legality principle applicable in transnational cases? What must one think of current developments in light of this principle? Is the principle a factor of relevance for the European legislator and for the judiciary? It is advocated in this contribution that the legality principle of Article 49 of the Charter of Fundamental Rights (CFR) needs to be adapted to its transnational setting and that this must have implications for the state of play in European criminal law.