Do we really need criminal sanctions for the enforcement of EU law?
This article examines how the ‘essentiality’ requirement can limit the exercise of the EU’s criminal law competence under Article 83(2) TFEU. Building on criminological research, and contextual and principled considerations, it argues for an evidence-based approach to the ‘essentiality’ criterion. It sustains that the Union legislator must show by empirical proof that criminal laws are more ‘effec