期刊名称：International Journal of Criminal Investigation
电子版ISSN：2247-0271
出版年度：2011
卷号：1
期号：1
页码：3-10
出版社：AIT Laboratories
摘要：The article refers to the possibility that the community treaties offers to the European Union institutions to impose penal regulations in the member states and try to emphasize the progress that has been made in this field, which, lately, became a more and more debated subject because of its importance. The evolution of this problem is regarded from the historical point of view, starting with the Rome Treaty and ending with the European Union Constitution. This paper try to explain why it is so difficult to solve this problem although it is more and more clear that giving the possibility to the European institutions to legiferate into the penal law area would serve much better to the idea of an unique space of freedom, justice and security. The difficulty derives on one hand from the fact that the right to punish wich is implied by the penal law is in fact a fundamental attribute of a state sovereignty and the member states are not ready yet to give it up and, on the other hand from the lack of European institutional frame in this matter. However, this problems must be overcome in order to succeed in insuring an effective protection of some important issues for the EU, such as the penal protection of its financial interests.
