期刊名称：Zeitschrift für Internationale Strafrechtsdogmatik
印刷版ISSN：1863-6470
出版年度：2009
卷号：2009
期号：07
出版社：Editors of ZIS
摘要：The legislative competences in matters of Criminal Law on the
European level have been subject to intensive discussion for a
long time. Though the European Community (EC) lacks legisla-
tive powers concerning supranational Criminal Law in principle,
the European Court of Justice broke new ground with two impor-
tant new decisions. Its reasoning that the competence to harmo-
nize the national legal systems by means of EC directives in mat-
ters of Criminal Law is implied in the explicit competences of the
EC, is being criticized within the following paper. The article
highlights a variety of contradictions between the ruling of the
European Court of Justice and basic principles of European Law
and German Constitutional Law. Based on these comments, it
concludes with an outlook on the future of "European Criminal
Law".
