Some theoretical foundations of EU Criminal Law: An international law and international Organisations Perspective

Abstract

Some years ago there was doubt whether an EC/EU criminal law existed at all. Now this question is moot in the case of the EU’s Third Pillar, although arguably an indirect criminalisation policy may be set to exist in the EC as well, although this matter should be approached with caution.1 What is unclear is the international legal nature of instruments adopted at EU/EC level with regard to criminal law and the relationship between Community institutions and general international law in the criminal sphere. As a matter of focus, we examine in this article the relationship between the EU and the UN Security Council, with particular attention to the otherwise binding nature of Security Council resolutions, and whether this is the case in the Community internal order. Moreover, we take a glance at the relationship between obligations arising for EU member states under EU law and their obligations under general multilateral treaties with third States.