ARENA Report 06/2007
Jonathan P. Aus
This report accounts for the transition from a national to a supranational definition of crime and punishment in Europe. Drawing on a case-study on the negotiation of the so-called facilitators package in the Justice and Home Affairs Council,the author discusses the relative importance of strategic calculation and rule following in the domain of EU criminal law. The human smuggling case suggests a sequential ordering of logics of appropriateness and consequentiality. Union citizens will have the chance to influence the observed behavioral pattern in the context of future EC criminal law measures inter alia in the field of human smuggling.
ARENA Report 06/2007 (pdf)
ISBN 978-82-93137-55-9 (online) 978-82-93137-05-4 (print)