The Harmonization of Criminal Legislation in the European Union: Challenges and Perspectives

Abstract

Legal and Penal harmonization in the European Union constitutes an important and complex process of establishing a space of justice and safety. The purpose is to construct a single legal space to fight organized crime, corruption, money-laundering, and terrorism across Europe. Despite the absence of direct attributions enabling the EU to achieve comprehensive harmonization of the substantive criminal laws of the Member States, it has implemented a number of important measures to harmonize and approximate legal norms. These are realized through measures / rules such as EU directives and regulations and also the European Arrest Warrant and Eurojust that are intended to reinforce cooperation between judiciaries and to ensure the uniform application of penal laws across the EU. This coordination is particularly relevant when it comes to transnational crimes, which spill over borders and need a unified strategy to tackle them. Thanks to the support of EU bodies, for example Eurojust, and the blossoming of other forms of collective tools, Member States have been able to jointly combat crimes that have a direct impact on the security and stability of the EU. The harmonization of criminal law is, however, not an easy task and its success is confront-ed with many obstacles. One is the conflict between national sovereignty and the necessity of coordination at the broader level of Europe. There is also a persistent problem of diverse legal systems and understanding of the concepts of criminal liability. Furthermore, increasing new phenomena, such as cybercrime and international terrorism, justify a permanent evolution of EU criminal policy. In a situation like this, it is not only the policies that have to respond to new needs: they also have to help develop a safer European environment. The present paper is intended to provide an overview of the dynamic process of harmonizing criminal law in the EU based on its most important legal acts and case law applying its legal channels for cooperation. It will finally determine the effect of these measures for the EU’s criminal justice system and the potential for further harmonization. It won’t be easy, but it can yield significant rewards in the form of a shared, efficient fight against crime and other threats.

Received: 20 April 2025 / Accepted: 12 June 2025 / Published: 25 June 2025