Prof. Valsamis Mitsilegas cited in multiple Opinions from the Court of Justice of the European Union

Published on

A collective of European Flags on a bright blue sky

Professor Valsamis Mitsilegas, Dean of the School of Law and Social Justice, has been cited in two Opinions published by the Court of Justice of the European Union in May 2023, as cases draw on his research published in EU Criminal Law.

European Court of Justice Advocate General, Nicholas Emiliou, referenced Professor Mitsilegas’ book – EU Criminal Law – in his Opinion in ‘Case C-819/21 Staatsanwaltshaft Aachen’, which was delivered on 4 May 2023.

The case concerned a question on the extent of mutual trust in Europe’s area of criminal justice, and in particular whether it is possible to refuse the enforcement of a foreign judgment if the court in the executing Member State is of the view that the judicial system of the issuing state no linger guarantees the right to a fair trial.

Following this, European Advocate General, Tamara Capeta, also referenced Professor Mitsilegas’ book – EU Criminal Law – in her Opinion in ‘Case C-175/22 BK’, which was delivered on 25 May 2023. The citation referenced defence rights, and the right to fair trial in criminal proceedings.

Professor Mitsilegas’ book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms.

Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted.


Find out more