General Principles Of EU Law In The Criminal Law Context


  • O.O. Kotsubei



criminal law policy, EU criminal law policy, principles of law, principles of EU law


The article is devoted to the general characteristics of the principles of EU law, which have some reflection in criminal law policy. The author argues that the general principles of EU law are important factors in the application of EU law in criminal matters. Much of the case law of the European Court of Justice has already been or can be formalized in accordance with the principles. Judicial practice shows that generalized legal principles are abstracted from more specific references in legislation. In some cases, these abstract principles are further deepened and applied in the presence of existing legislation on relevant issues. The principles embody what is assessed in practice from the wide possibilities of judicial review. Some of them, such as the principle of effectiveness, may be excluded in some cases due to their apparently secondary connection with the general principles applicable to EU criminal law.