Judicial cooperation in criminal matters is a sensitive and evolving domain within the European Union, marked by tensions between national sovereignty and supranational integration. While “criminal matters” is recognized as an autonomous concept in EU law, its precise meaning remains uncertain, as the Court of Justice of the European Union (CJEU) has yet to provide a definitive interpretation. This ambiguity leaves the scope of the concept undefined, creating risks of inconsistent application across Member States and legal instruments, thereby undermining the effectiveness of EU judicial cooperation.
This project investigates the CJEU’s interpretative methods and their implications for defining “criminal matters” within the EU’s Area of Freedom, Security, and Justice. By analyzing recent jurisprudence and applying interpretative frameworks—textual, teleological, and systemic—to selected EU instruments, the research examines the balance between respecting constitutional realities in Member States and ensuring effective judicial cooperation.
Through a combination of doctrinal analysis, case law review, and a comparative and contextual analysis of EU instruments in judicial cooperation in criminal matters, the project aims to develop an EU-specific interpretative framework. This framework will address potential conflicts between interpretative outcomes and Member States’ constitutional principles, contributing to more consistent and acceptable interpretations of “criminal matters” in EU law. The findings will support the CJEU in navigating this complex area, fostering both integration and respect for national diversity.
