THE MAIN STAGES OF FORMATION AND PROSPECTS OF HARMONIZATION OF EU CRIMINAL LAW

Zaid Ibrahim Yousef Gharaibeh

doi:10.36690/2674-5216-2022-4-49

Authors

Zaid Ibrahim Yousef Gharaibeh Jadara University https://orcid.org/0000-0002-3143-7753

DOI:

https://doi.org/10.36690/2674-5216-2022-4-49

Keywords:

criminal legislation, Europeanization of criminal law, EU criminal law, convergence of national criminal law systems, Euro-crimes

Abstract

The basis of the article is the study of the topical issue of the formation of the criminal law of the EU countries through the convergence of the national criminal legislation of the EU member states, which is necessary to increase the effectiveness of the fight against organized crime and other socially dangerous acts that pose a threat to state security, public order, life and health. persons who are under the jurisdiction of the Union. The purpose of the article is to establish the main stages of the formation of EU criminal law. The main methods that were used in the research were methods of analysis and synthesis, as well as comparative analysis and historical analysis, which helped to achieve the goal of the research. Attention is drawn to the fact that EU law, which determines the standards for the development of national legal systems, acts as a tool for the convergence of the national law of the member states. At the same time, today "EU criminal law" is at the stage of slow formation due to existing differences in national criminal laws, national legal traditions and the unwillingness of countries to transfer their sovereign powers in the criminal law field for regulation at the EU level. The article confirms the heterogeneity of EU criminal law and highlights its following components: administrative and criminal law of the EU; norms of EU law relating to criminal law and process, which mainly require national criminal law systems to implement measures in a certain way; EU criminal procedural law; the draft norms of the unified European criminal law (Corpus Juris). The prospects for the development of the national criminal legislation of the states are determined, taking into account new challenges and threats, which determine the directions of convergence of the national criminal legislation of the member states.

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Author Biography

Zaid Ibrahim Yousef Gharaibeh, Jadara University

Jadara University, College of Law, Jordan

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