The road to the European Criminal Law meant moving from one idea envisaged only in a reality of increasingly palpable. Until the 1980s the concept of european criminal law it was almost non-existent, then with the help of some conventions absolutely necessary to the community space, but most of the case law of the Court of Justice, it take shape from year to year. More, however, since the entry into force of the Treaty of Lisbon, from 01 december 2009, criminal law passed from the field of national member states only at a EU guardianship. In accordance with the provisions of the Treaty, the European Parliament and the Council have the possibility to lay down minimum standards regarding the definition of criminal offences and penalties in the fields of crime of a particular gravity affecting several Member States. The areas in which the EU can establish such rules are currently limited, but however, the Treaty gives the Council the possibility of adopting a decision unanimously after approval by the European Parliament for the purposes of extending the scope of these regulations. Therefore, in this article we propose first to offer a definition of what is now the european criminal law and then to follow his evolution of the 1980s to the present.
The author reviews the contents of the main international documents which have caused the idea of applying with priority the non-custodial sanctions.
Starting from the personality of the Romanian penalist, Vespasian V. Pella, the author examines the main principles of criminal policy in the light of the new Romanian Criminal Code with some references to the Spanish Criminal Code.