THE EUROPEAN PARLIAMENT, LEGISLATOR OF THE EUROPEAN SPACE OF CRIMINAL LAW

Abstract

ABSTRACT

This article aims at analysing the emergence and subsequent developments
of the European Space of Criminal Law in the light of the
entry into force of the Lisbon Treaty and its implications regarding
the new role played by the European Parliament as a fully-fledge
colegislator in this field. It approaches art. 83 of the TFEU as the
legal basis allowing for the «lisbonisation» of the European Criminal
Law, previously lying within the former so-called «Third Pillar». The remaining challenges in the field of EU Criminal law are also addressed as well as the role of the EP as colegislator on issues of criminal procedural law encompassing defence rights and procedural rights.

The incorporation of these procedural rights in the ECFR and in the
so-called Stockholm Programme, which develops the area of Freedom,
Security and Justice within the EU, is also assessed. The content of
the procedural rights of suspects or accused persons in criminal proceedings,
the right to access to a lawyer and to adequate legal aid is
also outlined. Finally, the case-law of the European Court of Justice
and the European Court of Human Rights on due process, and the
right to legal advice, before and at a trial, is analysed.