Overview

"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."

Full Product Details

Author:   Jacob Öberg (University of Southern Denmark)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.535kg
ISBN:  

9781509903351

ISBN 10:   1509903356
Pages:   256
Publication Date:   27 July 2017
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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

Reviews

In these days of burgeoning specialist discussion and publication of what is now firmly embedded under the title `EU criminal law', Jacob Oberg's book stands out as a distinctive contribution to the debates, with some real potential to drive forward policy and law. -- Christopher Harding * European Law Blog *

In these days of burgeoning specialist discussion and publication of what is now firmly embedded under the title `EU criminal law', Jacob Oberg's book stands out as a distinctive contribution to the debates, with some real potential to drive forward policy and law. -- Christopher Harding * European Law Blog * [T]his book offers an informed and interesting contribution to the legal research in the field of European law, especially for the perspective of combining its constitutional analysis to the field of European criminal law, one of its recent areas of development and growth, but still a macro-area where tensions arise because the jus puniendi is at the core the State's powers over individuals. -- Luisa Marin and Enrico Basile * Common Market Law Review * Anyone who cares about the integration process and its legitimacy should consider the analysis offered within this book seriously. Hopefully, just as OEberg has considered the judicial scrutiny aspects related to the monitoring of EU powers, others in academia will concentrate on the lawmaking process part. Anyone interested in the foundations and limits of EU powers will find, in the analysis and proposals of this book, a great deal of food for thought. -- Claudio Matera, University of Twente * New Journal of European Criminal Law *

Author Information

Jacob Öberg is Associate Professor in Law at Lund University.

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