European Criminal Law, 4th ed

This fourth edition explains European criminal law as a multi-level field of law, in which the EU has a normative influence on all criminal proceedings, but also on aspects of substantive criminal law and on the co-operation between Member States. It analyses the contours of the emerging criminal justice system of the EU and presents a coherent picture of the legislation enacted, the case law on EU level and its influence on the national criminal justice systems.
André Klip
Ius Communitatis
book | published | 4th edition
June 2021 | lxviii + 676 pp.


ISBN 9781780689685

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European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on all criminal proceedings, but also on aspects of substantive criminal law and on the co-operation between Member States. This book aims to analyse the contours of the merging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union level and its influence on the national criminal justice systems, with specific attention for the position of the accused.

Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused standing trial in a national criminal proceeding? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual influence of Union law and national criminal law respectively and explains how Union law will prevail in some situations and give full discretion to national criminal law in others.

The book is unique in the wealth of court decisions and legal instruments it covers. This makes European Criminal Law an invaluable source for every European and criminal lawyer (be they practitioner, academic or student). This fourth, completely revised edition fully covers Brexit as well as all other developments up to 1 May 2021.

ANDRÉ KLIP is Professor of criminal law, criminal procedure and transnational criminal law at Maastricht University. He is a Member of the Royal Netherlands Academy of Arts and Sciences. Professor Klip founded of the series ‘Annotated Leading Cases of International Criminal Tribunals’. He is also a judge at the ’s-Hertogenbosch Court of Appeal (criminal division).

Praise for previous editions:

‘[…] his innovative scheme has caused him to think ahead. It is to this book, I suspect, that both lawyers and policy-makers will increasingly refer when confronted by some new issue.’
Prof. John Spencer (Cambridge University) in CMLR (2010) 1557, 1559
(on the 1st edition of European Criminal Law)

‘Now in its third edition, Professor Klip’s book is the pre-eminent and most authoritative examination of European criminal law. The author provides a clear narrative of the subject. It is thoroughly up to date. As noted in the preface, there have been “elaborate revisions” to the text in light of the directives on defence rights, which rights are then deftly examined.’
David J Dickson, solicitor advocate, Head of Extradition, Crown Offce,
Edinburgh in The Journal of the Law Society of Scotland (2016)
(on the 3rd edition of European Criminal Law)

Table of Contents

Table of contents and preliminary pages (p. 0)

André Klip

Chapter 1. Introduction (p. 1)

André Klip


Chapter 2. Institutional Foundations of the European Union (p. 13)

Chapter 3. Constitutional Principles of Union Law (p. 55)

Chapter 4. The Interpretation of Union Law (p. 149)


Chapter 5. European Substantive Criminal Law (p. 221)

Chapter 6. European Criminal Procedure (p. 299)

Chapter 7. European Sanction Law (p. 415)


Chapter 8. Bilateral Co-Operation in Criminal Matters (p. 441)

Chapter 9. Multi-Lateral Co-Operation and Direct Enforcement (p. 581)


Chapter 10. Rethinking European Criminal Law (p. 631)

About the series:

Ius Communitatis

The series Ius Communitatis – Textbooks on European Union Law de lege lata focuses on various aspects of European Union Law.

The volumes cover the most important topics in the ‘Europeanisation’ of law. For practitioners – solicitors and barristers, corporate lawyers, judges or lawyers in state authorities or ministries – who do not wish to turn a blind eye to European law, the series provides a reliable treatment with sufficiently detailed references to the important problems. The volumes provide practitioners with all they need on the EC level, and moreover give comparative law and legal policy insight. As a series, they give an overview of those areas most affected by European law. Likewise, they provide advanced students with material for excellent examination results. Each volume is written by an authoritative expert in the field. The remaining volumes will follow in 2008 and 2009. All the books in the Ius Communitatis-Series focus on Community regulations as experienced in daily practice. Each volume covers the entire field of law in a distinctive and comprehensive way.

The series is published under the editorial supervision of Prof. Dr. Dr. Stefan Grundmann LL.M. (Humboldt-Universität zu Berlin, Germany), the co-founder of the Society of European Contract Law (SECOLA).

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