Fundamental Rights Limits to EU Multilevel Criminalisation Choices: The Missed Opportunities and Constitutional Legacy of the Kinsa Case

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Authors: Lorenzo Grossio
Cited by: 0

Abstract

Criminalisation powers have traditionally constituted a core expression of national sovereignty.1 However, member states' exercise of ius puniendi falls within the scope of EU harmonisation competences in the Area of Freedom, Security and Justice.Article 83 TFEU authorises the EU legislature to establish minimum rules on the definition of offences and corresponding penalties in certain 'areas of particularly serious crime with a cross-border dimension', 2 as well as in situations where 'the approximation of criminal laws and regulations of the member states proves essential to ensure the effective implementation of a European Constitutional Law Review, page 1

Fields of Study & Subjects

European Criminal Justice and Data Protection European and International Law Studies Criminal Law and Policy

Publication details

Journal / source
European Constitutional Law Review
Volume
22
Issue
1
Pages
134–156
Publication date
11 February 2026
Language
EN