The Functions of Approximation of Penal Legislation within the European Union

Abstract

This contribution identifies the main sources of approximation of penal laws between the Member States of the European Union and underlines the serious limits affecting it. It then focuses on the different functions that the approximation of penal laws plays in the establishment of an area of freedom, security and justice, suggesting that these functions are currently undervalued and that this underplaying undermines the ability to achieve this general and fundamental objective the Treaty of Amsterdam has conferred upon the Union.