Positive Fault Requirements in EU Criminal Law

This essay endeavours to illustrate the existing system of positive fault requirements in EU criminal law. The suggested model is based on the present EU legislation, including preparatory works, and the essential case law of the CJEU. Despite certain significant obscurities, the EU legislator seems to have generated a relatively consistent way of providing legislation, concerning positive fault requirements. The outcome may be characterized as a continental system with certain Anglo-Saxon nuances. The broader aim of this essay is to participate in the discussion about the general part of EU criminal law. In this respect, the essay highlights certain disconcerting criminal political progressions in the field of positive fault requirements in EU criminal law.