<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

tenure professor in public law department and vice-dean for research at Faculty of law of Vytautas Magnus University

(Ph.D) is an associated professor at the Law faculty of Vytautas Magnus University

(Ph.D) is a lecturer in at the Law faculty of Vytautas Magnus University

European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"The Principle of Direct Effect in Criminal Law: Theory and Practice"}

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...

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

Publié en ligne: 19 avr. 2023

Pages: 66 - 87

DOI: https://doi.org/10.2478/eustu-2022-0047

Mots clés
Criminal law, European Law, EU cooperation in criminal matters, direct effect

© 2020 Edita Gruodytė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Publié en ligne: 19 avr. 2023

Pages: 66 - 87

DOI: https://doi.org/10.2478/eustu-2022-0047

Mots clésCriminal law, European Law, EU cooperation in criminal matters, direct effect

© 2020 Edita Gruodytė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Criminal law, European Law, EU cooperation in criminal matters, direct effect