Valsamis Mitsilegas

Leandro Mancano

Alberto di Martino

"The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a motor of development and integration. This can be seen eg in the impact on EU primary and secondary law produced by the Greek Maize case, as well as the 2005 and 2007 decisions. By analysing the most important judgments of the Court in the area of criminal law, the book provides a diachronic and multifaceted picture of the EU's and the Court's approach to criminal law"--

Leading Cases in a Contextual Analysis

The Court of Justice and European Criminal Law

The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.

Leandro Mancano

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