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Limits to EU Powers

A Case Study of EU Regulatory Criminal Law
Sofort lieferbar | Lieferzeit:3-5 Tage I
Jacob Öberg
eBook Typ:
Adobe Digital Editions
eBook Format:
2 - DRM Adobe

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 Review2. 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 Powers4. 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 TreatyIII. 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
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 AmsterdamPursuant 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.

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