Limits to Eu Powers: A Case Study of Eu Regulatory Criminal Law

Erscheinungsjahr 2019
ISBN: 978-1-5099-3474-4
Verlag: HART PUB

Buch, Englisch, 256 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 363 g

Reihe: Hart Studies in European Crimi

PRAISE FOR THE BOOK
".essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union."
Samuli Miettinen, University of Helsinki & Tallinn University

"The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond."
Professor Jannemieke Ouwerkerk, Leiden Law School

"An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution."
Ester Herlin Karnell, VU University Amsterdam

Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

Autoren/Hrsg.

Oberg, Jacob

Öberg, Jacob

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Öffentliches Recht (inkl. EMRK)
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Straf- und Strafverfahrensrecht

Inhaltsverzeichnis

1. Introduction

I. The Question of EU Competence after Lisbon

II. The Problems of the Existing Limits to EU Competences

III. Main Arguments of the Book

IV. Case Study-EU Regulatory Criminal Law

V. Chapter Synopsis

Part I: A Framework for Legality Review
2. Principles Limiting the Exercise of EU Competences

I. Introduction

II. The System of Competence Monitoring

III. Principle of Conferral

IV. Principle of Proportionality

V. Principle of Subsidiarity

VI. Conclusions

3. Judicial Competence Review of EU Legislation

I. Introduction

II. The Link between Institutional and Conceptual Factors in Determining Intensity of Judicial Review

III. The Case for Strict Procedural Review

IV. The Court of Justice's Track Record on Procedural Review

V. Setting the Framework for a General Standard of Review and Test for Legality of EU Legislation

VI. Conclusions

Part II: Limits to EU Powers
4. Limits to the Union's Criminal Law Competence

I. Introduction

II. Limits to the Exercise of the Union's Criminal Law Competence Prior to the Lisbon Treaty
III. Limits to the Exercise of Express Union Criminal Law Competence after Lisbon Treaty (Article 83(2) TFEU)

IV. Conclusions

5. The Legal Basis for EU Criminal Law Legislation-A Constitutional Choice?

I. Introduction

II. The Relationship Between Article 83(2) TFEU and Article 114 TFEU with Respect to Criminalisation Measures

III. The Fight Against Fraud: The Relationship Between Article 325 TFEU and Article 83(2) TFEU

IV. Conclusions

6. Subsidiarity as a Constraint to the Exercise of EU Competences

I. Introduction

II. The Substantive Meaning of Subsidiarity

III. Judicial Review of Subsidiarity

IV. Case Study: The Market Abuse Crimes Directive

V. Conclusions

7. Political Control of EU Competences-National Parliaments in the Field of EU Criminal Law

I. Introduction

II. National Parliaments' Remit under the EWS Procedure

III. National Parliaments' Pursuit of Competence Control in Practice-The Yellow Card Against the EPPO Proposal

IV. Conclusions

8. Conclusion

I. Competence Control of the Exercise of EU Competences

II. Reconstructing the Limits of the Treaties

III. Epilogue: Future Prospects

Über Autor(innen)

Öberg, Jacob
Jacob Oberg is a Full Professor of European Union Law at the Law Department at the University of Southern Denmark, Guest Professor in EU law at Örebro University and a Visiting Fellow at Lund University. He previously held positions as Associate Professor in EU law at Örebro University (where he acted as Deputy Head of Department) and as a Postdoctoral Fellow in law at Lund University. Jacob Öberg earned his PhD in European Law from the European University Institute in Florence (2014). His research interests lie primarily in EU constitutional law and EU criminal law, including; (1) multidisciplinary and contextual perspectives on EU law, (2) theories of EU integration (3) the federal dimension of EU law, and (4) the Union's criminal policy and its development under the Lisbon Treaty. He has published widely in these areas in journals such as European Law Review, European Constitutional Law Review, Yearbook of European Law, and European Law Journal. He is a member of the Scientific Committee of the European Law Journal.

Jacob Öberg is Associate Professor in Law at Lund University.