For years, the European Union (EU) has legislated on criminal matters through Council framework decisions within the third pillar. The Lisbon Treaty recognized the European Union competences for defining crimes and penalties in a number of cases (art. 83 TFEU), harmonizing the national legislations through directives. These norms have had a significant impact on the Member States´ criminal systems. This paper aims to analyze the current EU criminal policy, focusing on its character, peculiarities and deficiencies. The importance of such analysis is undeniable, given the influence that EU legislation has on national criminal policies. This study suggests that the EU criminal policy displays noteworthy signs of irrationality -originating from the law-making process- which may affect the Member States´ internal criminal policy.
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