The Expansion of Criminal Law in Europe

• In Event: EU Law Criminal Policy

Abstract

Despite a stable decrease in violent crime, in almost all European countries crime and criminal policy are at the core of the public debate. The use and scope of criminal law is increasing and the latter is often portrayed as the solution to most forms of injustice and social problems. By using concrete examples from different legal systems, this presentation will retrace the recent expansion of criminal law in Europe. First, it will present the instruments used to enlarge the boundaries of criminal law. Second, it will examine the justifications used to legitimize this expansion, resting both on domestic and on international commitments. Third, it will explore the main areas of criminal law, which were touched by this expansion. Finally, the paper will present some critical reflections regarding possible consequences of this expansion from a legal and a social perspective and some concerns around the effectiveness of an increase in the use of criminal law with regard to crime control.

Author

• Clara Rigoni, Université de Lausanne