Le développement de la construction européenne et l'affirmation d'une compétence communautaire en matière pénale

Abstract : The present thesis focuses on the assertion of Community competence in criminal matters. It aims not only to answer the question as to how the European integration process allows room for the recognition of a power of the European system in the field of criminal law, but also to shed light on the various aspects of the above-mentioned competence. The first part of the study revolves around the problem how the two essential factors leading to the recognition of a Community competence in criminal law brought about an effect of framing criminal sovereignty as towards the Member States of the European construction. This phenomenon manifests itself in two aspects. On the one hand, the principles of the application of European law alongside the functioning of the European integration system together play a very important role in limiting the sovereignty of the Member States in the field of criminal law. On the other hand, the important matter of using the set of legal tools of the European integration to combat cross-border criminality, resulted, despite the lack of common will to make explicit conferral of competence in the field of study, in the establishment of the Third Pillar as a specific European legal framework in criminal matters. It is the recognition of power of intervention of the European integration system in criminal law matters that is analysed in the second part of the present study. This recognition is conditioned by two main factors - the effective implementation of European integration law and the need to use the integration legal tools to combat cross-border criminality. It also made a constructive attempt to clarify the nature and the conditions of the exercise of the abovementioned competence. In this aspect, the two sources of the assertion of a Community competence in criminal matters and the precise legal expressions of this process are examined in the first place. Thus, the dialectical interconnection between the development of the European legal construction as a new form of public regulation and the recognition of the power of the European community to intervene in criminal matters is demonstrated. In a second step, the legal provisions of European competence in the field of criminal law according to the Treaty of Lisbon are analysed in depth. This shows the legal understanding of European competence in the field of criminal law and allows a positive conclusion on the originality of the European integration system as a federation of an unseen kind to be drawn. In this respect, the present study establishes that the assertion of a Community-based competence in the field of criminal law is an emanation of the peculiar nature of the European construction, a function of the deepening of the European project and of the consolidation of the integration system as a new form of public power.
Document type :
Theses
File URL :
http://docnum.univ-lorraine.fr/prive/DDOC_T_2012_0378_HRISTEV.pdf
Complete list of metadatas

https://hal.univ-lorraine.fr/tel-01749666
Contributor : Thèses Ul <>
Submitted on : Thursday, March 29, 2018 - 12:22:48 PM
Last modification on : Monday, February 25, 2019 - 3:28:06 PM

Identifiers

  • HAL Id : tel-01749666, version 1

Citation

Hristo Ilkov Hristev. Le développement de la construction européenne et l'affirmation d'une compétence communautaire en matière pénale. Droit. Université de Lorraine, 2012. Français. ⟨NNT : 2012LORR0378⟩. ⟨tel-01749666⟩

Share

Metrics

Record views

27