A theory of justice? Securing the normative foundations of EU criminal law through an integrated approach to independence

Leandro Mancano*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

This paper raises the question as to whether a theory of justice exists in EU law. The focus is on justice as a system. The assumption is that the independence of institutional actors involved in the administration of criminal justice (mainly judges and prosecutors) vis-à-vis each other, and other State powers, is key to that system achieving justice as a value. Against the benchmark of judicial and prosecutorial independence developed in European law, the paper assesses the role for independence in investigative, prosecutorial and adjudicating functions as it emerges from the current state of EU criminal law. The conclusions reveal that the EU's idea of justice remains underdeveloped, and that there is a need for systemic coherence to better protect the rule of law and enhance the legitimacy of EU criminal law.
Original languageEnglish
Number of pages25
JournalEuropean Law Journal: Review of European Law in Context
Early online date17 Oct 2022
DOIs
Publication statusE-pub ahead of print - 17 Oct 2022

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