Treaty of Lisbon and the Criminal Law

With the entrance into force of the Treaty of Lisbon, at 1st December 2009, the criminal law has passed from the exclusively national sphere of the Member States under the patronage of the European Union. According to the Treaty, the European Parliament and the Council now have the possibility to establish minimum norms regarding the definition of offences and sanctions in criminal areas which are extremely serious and affect a number of Member States. The areas in which the EU can establish specific norms are limited, but nevertheless, the Treaty grants the Council the possibility to adopt a decision in unanimity, after the approval of the European Parliament, in the meaning of extending the application of such regulations. This article aims to analyze this new situation and to identify some of the legal consequences in the area of criminal law of this regulation.