European Criminal Justice in the post-Lisbon Area of Freedom, Security and Justice

The criminal justice dimension of the EU Area of Freedom, Security and Justice addresses today’s aspects of substantive criminal law, criminal procedure, mutual legal assistance and recognition in criminal matters. Not only the effectiveness of harmonization and transnational cooperation is addressed, but also the applicable human rights standards of the European Convention on Human Rights and the EU Charter of Fundamental Rights. The Lisbon Treaty offers new possibilities for harmonization and the elaboration of criminal policy, both in the area of Euro offences as well as in the field of economic and financial criminality. The Lisbon Treaty also strengthens the mutual recognition scheme and provides for the establishment of an European Public Prosecutor. The Area of Freedom, Security and Justice also entails, however, new questions about the transnational application of human rights, such as the ne bis in idem protection, the applicable human rights standards in relation to the mutual recognition instruments or the choice of criminal jurisdiction.