Public Policy and the Court of Justice: The “Combinatorial Logic” in the Framework of Criminal Law

Abstract

Introductory remarks: public policy, limitation or vector of European criminal law integration? I. The unstable equilibrium between Community public policy and national criminal law – A. General public policy clauses recognised by the Treaties: a polysemous and flexible concept. B. The restrictive approach of the Court of Justice: autonomous meaning and strict interpretation. C. The dynamics of interpretation and the concerns for national criminal law. II. In search of the method of the Court's reasoning: a “combinatorial logic” – A. The criterion of appropriateness in relation to legitimate purpose: the variable application of free movement. B. The criterion of the seriousness of the threat and individual conduct. C. The test of proportionality and non discrimination laid down by the Court. Concluding remarks.