An open method of coordination (omc) for European criminal law?

Abstract

The European Union may be perceived as a multi-level governance system in which a European private law can be established both by harmonization and by the OMC. In areas where EU law has been less intrusive traditionally, such as European criminal law one can argue for the use of an open method of coordination (OMC). The term 'governance' is very versatile. It is used in connection with several contemporary social sciences, especially economics and political science. It originates from the needs of economics (as regards corporate governance) and political science (as regards state governance) for an all-embracing concept capable of conveying diverse meanings not covered by the traditional term 'government'. Referring to the exercise of power overall, the term 'governance', in both corporate and state contexts, embraces action by executive bodies, assemblies (e.g., national parliaments) and judicial bodies (e.g., national courts and tribunals). The term 'governance' corresponds to the so-called post-modem form of economic and political organizations. According to the political scientist Roderick Rhodes, the concept of governance is currently used in contemporary social sciences with at least six different meanings: the minimal State, corporate governance, new public management, good governance, social-cybernetic systems and self-organized networks. The European Commission established its own concept of governance in the White Paper on Govemance, in which the term 'European governance' refers to the rules, processes and behaviour that affect how powers are exercised at the European level, particularly as regards openness, participation, accountability, effectiveness and coherence. These five 'principles of good governance' reinforce those of subsidiarity and proportionality.