INTRODUCTION

So far, this book has noted certain horizontal federalism trends in EU criminal law. It has also conducted a more in depth analysis of the principle propelling the development of EU criminal law for over a decade: the principle of mutual recognition. Finally a brief comparison between this and its US counterpart, the Full Faith and Credit Clause, has been drawn, with the interesting result that, in this area, the EU system of criminal justice exhibits greater horizontal federalism than the US system. The probable cause of this result is that the pressures fostering horizontal federalism in the EU are channeled through vertical federalism in the US.

From this point forward, the book will focus on those aspects of the Lisbon Treaty that provide a legal basis for federalization trends, while noting the resemblances between these provisions and US provisions addressing similar matters. Clearly, the Lisbon Treaty contains numerous matters relating to the criminal law, but only a limited number of them will be addressed here in the interests of space. The purpose of this work, rather, is to focus on certain aspects of the Lisbon Treaty that have a horizontal federalism character and to note how the US has dealt with similar issues through a vertical federalism approach. The end result confirms our previous findings: the problems posed by criminal law in the EU are addressed with horizontal federalism. The same problematic is addressed in the US through vertical federalism.

To be sure, the ratification of the Treaty of Lisbon was a historical milestone in the evolution of the European unification. What started in 1957 as an agreement between a few sovereign nations over certain basic economic principles has led to a debate over a possible European Constitution that ultimately culminated in the Lisbon Treaty and its substantial impact on Europe. This evolution will continue and it is certainly fair to think that the Lisbon Treaty will have a profound, transformative effect on Europe going forward. Historically, the draft of the Lisbon Treaty was passed amid concern over an issue that has been polemical among Member States: the expansion of the European Union.