Summary

Recently, a discussion of the possible competence of the EU in criminal law has become topical. Changes in the society as a whole, and the development and scope of international crime have placed criminal policy in a new environment which requires a new approach to delinquency. In the EU context, this would mean the transfer of the competence in criminal law to the European Community as a supranational organisation. The author does not address the legal arguments for and against this approach but analyses the court practice of the European Court of Justice, on the basis of which we can already speak about the evolving independent criminal law of the EU. In several areas, the European Court of Justice has developed principles which the Member States are to observe in their legislation and in the administration of justice. Also, despite the absence of the competence in criminal law in theory, the European Court of Justice has found possibilities of rendering judgments in this area although to a limited extent. At present, it is unclear when and in what form the EU competence in criminal law is established, but there is no doubt that the tendency is present. Estonia as a state striving to accede to the EU should take this possibility into account.