The growing irrelevance of social (re)integration within the EU: an unintended consequence of the judicial cooperation in criminal matters

Authors

  • Maribel González Pascual Universitat Pompeu Fabra

DOI:

https://doi.org/10.18042/cepc/redc.118.06

Keywords:

Social (re)integration, European Criminal Law, Judicial Cooperation in criminal matters, private and family life, nationality, territory.

Abstract

An idea of justice derived from human rights would lead to placing social reintegration at the centre of judicial cooperation in the EU and, thus, to highlight the importance of the right to family life. Therefore, the art. 7 of the Charter would allow interpreting the scope of the EU mechanisms of mutual recognition in judicial cooperation in criminal matters in line with the social reintegration. However, Member States have been empowered by the Court of Justice of the EI to determine the scope of public security even when the right to family life is at stake. This case law has relied on both the nationality of the person who commits the crime and also in the territory in which it is committed. In fact, social reintegration might end up being irrelevant by the interplay between a domestic criminal law and a supranational protection of rights.

Published

2020-04-27

Issue

Section

NOTES