statute of limitations of criminal liability, principle of legality and punishment, mitior lex, higher national standard of protection of fundamental human rights
Abstract
The Court of Justice of the European Union has recently ruled (in 2023) on the relationship between the fundamental rights of citizens of the European Union and the principle of supremacy of Union law in conjunction with the obligation of Member States to apply effective and dissuasive measures to combat serious fraud against the financial interests of the European Union. In particular, the case law of the CJEU analyses the relationship between the guarantees of the principle of legality and punishment and the obligation of Member States to sanction serious fraud against the EU’s financial interests. I proceeded to a concrete analysis of the obligations incumbent on the courts resulting from the case law of the CJEU, namely the Judgment of July 24, 2023, delivered by the CJEU (Grand Chamber) in Case C-107/23 PPU [Lin], the Order (Ninth Chamber) of January 9, 2024 delivered in Case C-131/23 and the Order (Ninth Chamber) of January 9, 2024 delivered in Case C-75/23. Thus, this article includes an analysis of how national courts have applied the CJEU case law.
