Subjects of the Criminal Procedure Policy of the European Union: general characteristics, structural issues and classification.

Abstract

This article provides a comprehensive analysis of the subjects involved in shaping and implementing the criminal procedural policy of the European Union. The study examines the treaty-based competence framework established by Title V of the Treaty on the Functioning of the European Union, which forms the legal foundation for judicial cooperation in criminal matters. The research analyses the roles of European Union institutions – the European Parliament and the Council of the European Union as co-legislators under the ordinary legislative procedure, the European Commission as initiator of legislation and guardian of implementation, the European Council as strategic actor, and the Court of Justice of the European Union as an active participant through judicial law-making as well as specialised bodies: the European Union Agency for Criminal Justice Cooperation, the European Union Agency for Law Enforcement Cooperation, the European Public Prosecutor’s Office, and the European Anti-Fraud Office. Auxiliary subjects, including the European Union Agency for Fundamental Rights, the European Union Agency for Law Enforcement Training, and the European Judicial Network in Criminal Matters, are also examined. Particular attention is devoted to structural problems within the system, including fragmentation of the legal space caused by differentiated integration – notably the opt-outs of Denmark and Ireland and the non-participation of five Member States in the European Public Prosecutor’s Office – as well as practical difficulties in coordination between specialised bodies and the tension between operational effectiveness and fundamental rights protection illustrated by the Europol data retention controversy. The article introduces a novel classification of subjects based on their degree of integration, distinguishing between subjects of pan-European scope, subjects of differentiated integration, and subjects operating in the external dimension. The study concludes that the post-Lisbon institutional architecture constitutes a multi-layered system operating across concentric circles of varying integration depth, and that this fragmentation is a structural characteristic shaped by the compromise between supranational ambitions and national sovereignty in criminal justice.