Criminal conduct and lack of integration into the society under EU Citizenship: This marriage is not to be performed

Leandro Mancano*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

This paper presents three possible scenarios of interaction between criminal law (and detention in particular) and EU citizenship. The first scenario focuses on the actual relationship between EU criminal law and EU citizenship. The second scenario looks at the potential interactions between two relevant Framework Decisions – that on Transfer of Prisoners and that on Probation measures – and the EU Citizenship Directive. Finally, the third scenario revolves around the influence of national criminal law on EU citizenship. Such interactions are subject to an in-depth analysis, and I hone in on two recent decisions of the Court of Justice of the European Union, namely Onuekwere and M.G. By framing these judgments in a wider context of CJEU case-law, I try to find out how the Court is approaching the mutual influence between EU citizenship and criminal law. The conclusions reveal why this case law is used by the Court to enhance mutual trust, which is the most significant foundation of European criminal law.

Original languageEnglish
Pages (from-to)53-77
Number of pages25
JournalNew Journal of European Criminal Law
Volume6
Issue number1
DOIs
Publication statusPublished - 1 Mar 2015

Keywords / Materials (for Non-textual outputs)

  • EU citizenship
  • imprisonment
  • legitimacy
  • mutual trust
  • residence

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