The Positive List Approach and the Legality Principle in Criminal Law in the European Union

Maria Marquès i Banqué
2021 Revista Catalana de Dret Ambiental  
In the context of a critical review of CITES as an instrument that deals with the trafficking of species of wildlife fauna and flora, this paper intends to analyse the legislative strategy of positive lists as an alternative to the negative lists approach used by CITES, from the perspective of criminal law. From the perspective of criminal law, it is important to analyse the problems this legislative strategy may pose when regulating crimes, or enforcing them in courts. This work focusses on a
more » ... undamental question: Could a reference to positive lists in the description of offences raise issues about constitutionality in national courts due to violation of the legality principal in criminal law? The conclusion is that, indeed, the reference to positive lists in the description of an offence could raise issues in the courts for violation of the legality principle in criminal law.
doi:10.17345/rcda3084 fatcat:4crm65iy7rcodfrbzp7qynmnmy