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