The European Court of Justice: A “Quasi-Constitutional Court” in Criminal Matters? The Taricco Judgment and its Shortcomings

Abstract

A main task of the CJEU is to ensure the uniform interpretation and effective application of EU legislation. In the case Taricco and Others, the Court provides for the strengthening of the protection of the financial interests of the EU by emphasising the immediate effect and precedence of primary EU law in criminal matters. At the same time, the CJEU functions as a quasi-constitutional court. It does so by ordering a national court to directly disapply domestic criminal law provisions on limitation periods in a pending case. Legality and legal certainty are at stake here. The judgment of the CJEU indicates, furthermore, the evolution of a “constitutional” relation between the EU judiciary and national criminal courts.