期刊名称：AGORA International Journal of Juridical Sciences
印刷版ISSN：1843-570X
电子版ISSN：2067-7677
出版年度：2008
卷号：II
期号：1
出版社：AGORA University Publishing House
摘要：The European institutions competence of imposing regulations in the field of criminal law represented a serious problem through time.
The positive effect that community right has over criminal law is represented by the obligation of the member states to apply in practice the harmonization directives which come to complete the common market and the implementation of common policies like agriculture policy. The positive effect is manifesting under the form of measures taken in the area of criminal law by the member states in fulfilling the obligations that drift from community law.
A recent decision of EU Court of Justice comes to clarify the distribution of competence between the first and the third pillar regarding criminal law area.
Regarding the guarantees offered by the community institutions, the actual situation is of a nature to cause concern. The fundament that legitimizes the adoption of criminal law measures on the level of the Member States is given by the national Constitution which stipulates the rights and fundamental liberties and democratic principles for the protection of these.
关键词：penal protection, financial interests, criminal law
