Limits to EU powers : a case study of EU regulatory criminal law
Title: Limits to EU powers : a case study of EU regulatory criminal law
Author: ÖBERG, Jacob
Citation: Oxford : Hart Publishing, 2017, Hart studies in European criminal law ; 4
ISBN: 9781509903382; 9781509903351; 9781509903368
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.
Table of Contents:
1. Introduction -- 2. Principles limiting the exercise of EU competences -- 3. Judicial competence review of EU legislation -- 4. Limits to the Union's criminal law competence -- 5. The legal basis for EU criminal law Legislation: a constitutional choice? -- 6. Subsidiarity as a constraint to the exercise of EU competences -- 7. Political control of EU competences: national parliaments in the field of EU criminal law -- 8. Conclusion
Initial version: http://hdl.handle.net/1814/32931
Version: Published version of EUI PhD thesis, 2014
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