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Following the changes introduced in the EU by the Treaty of Lisbon, the area of criminal law has been ‘communitised’, allowing the use of criminal law measures in areas where the EU is competent. These constitutional changes give renewed impetus to a comparative study of US and EU criminal justice policy, particularly in light of research tentatively suggesting that the European Union is ‘poised on the brink’ of a more punitive (harsh) approach (Baker, 2010). Through a comparison of EU and US law and policy in the contentious area of counter-terrorism, this research study aims to shed important analytical light on the nature and trajectory of the Union’s emerging penal strategy.