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Citizenship, Crime and Community in the European Union

Citizenship, Crime and Community in the European Union

Author: Stephen Coutts
Publisher: Hart Publishing
ISBN: 9781509951956

Published In: April 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509915361

List Price: HKD 467.87

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Over the past 20 years the European Union has been increasingly active in the area of criminal law. Meanwhile, the status of European Union citizenship has been progressively developed and strengthened. Adopting an expressive and communitarian perspective of the criminal law, this book considers EU criminal law in light of EU citizenship with a view to revealing the structure of the EU's political community as expressed in its criminal law. It argues that while national communities remain dominant, through transnational processes certain features of a supranational community can be said to emerge.

The book will be of interest to scholars of EU citizenship, EU criminal law and EU law and integration more generally.

1. Citizenship, Crime and Community in the European Union

Introduction

Citizenship, Crime and Community: A Communitarian Account of the Criminal Law

The Role of the European Union in Criminal Law

Citizenship in the Union – A Short History

Conclusion: Method and Structure

PART I: EU CITIZENSHIP: BETWEEN TRANSNATIONAL AND SUPRANATIONAL

2. The Transnational Dimension of EU Citizenship

Introduction

Free Movement and Transnational Citizenship as a Status of Autonomy

Names and Civil Status

Family Reunification

Non-discrimination and Transnational Citizenship as a Status of Integration

Union Citizenship and as a Status of Integration and the Court of Justice

EU Citizenship and as a Status of Integration and the Legislature

Conclusion: EU Citizenship as a Transnational Status – Between Autonomy and Integration

3. The Supranational Dimension of EU Citizenship

Introduction

The Establishment of an Autonomous Supranational Status: Rottmann and Zambrano

Retrenchment: An Ill-Defined and Insubstantial Substance

The Re-emergence of Supranational Citizenship

Conclusion: A Right to a Place and a Place of Rights

PART II: SOCIAL INTEGRATION AND CRIME: INCLUSION AND EXCLUSION

4. Social Integration – I. Rehabilitation and Inclusion

Introduction: Rehabilitation and Social Integration

The Transformation of the Nationality Exception

Subject of the Exception: From Nationals to EU Citizens

Justification: From Nationality to Rehabilitation

The Framework Decision on the Transfer of Sentences

External Transfer and the Principle of Social Integration

Conclusion: National Responsibility for a Supranational Interest

5. Social Integration – II. Wrongdoing and a Supranational Duty of Respect

Introduction: Integration, Rights and Duties

Crime as Wrongdoing: Expulsion

The Traditional View: Public Policy as Risk Minimisation

Public Security as Values

Wrongdoing and Integration: Residence Rights

Conclusion: A Supranational Duty of Respect towards National Communities

National Communities

A Supranational Duty

PART III: AN AREA OF JUSTICE: SHARED ENFORCEMENT AND SHARED RECOGNITION OF NATIONAL WRONGS

6. An Area of Justice – I. The European Arrest Warrant as a Transnational Calling to Account: Shared Citizenship, Shared Rights and Shared Wrongs

Introduction: Shared Enforcement

Legitimising Criminal Law: Three Dimensions

Legitimising Shared Enforcement I: Shared Citizenship

Abolition of the Nationality Exemption

Union Citizenship and a Single Area of Justice

Legitimising Shared Enforcement II: Shared Wrongs

Abolition of Double Criminality

Legitimising Shared Enforcement III: Supranational Rights

Legitimacy and Rights

Conclusion: Transnational Enforcement in a Supranational Space

7. An Area of Justice – II. A Transnational Ne Bis in Idem Principle

Introduction

Interpretation of Finality in Light of Free Movement: A Single Status

Strict Application of Mutual Recognition

A Substantive Assessment of the Merits of the Case

Interpretation of Sameness in Light of Free Movement: A Single Space

Consequences of an Interpretation in Light of Free Movement: A Multilevelled Calling to Account

PART IV: SUPRANATIONAL WRONGS

8. Supranational Public Wrongs: The Limitations and Possibilities of a European Community

Introduction

Structural Limitations on an EU Supranational Community

Articulation of Public Wrongs – Limited Scope for EU Criminalisation

Communication of Public Wrongs: EU Criminal Law as Multilevelled

The Union Cannot Directly Impose Criminal Liability

Operating within National Criminal Justice Systems

The Emergence of Supranational Public Wrongs

European Public Goods

European Public Values

Framing National Criminal Law: Supranational Wrongs and Shared Wrongs

Conclusion

Conclusion: EU Citizenship, Criminal Law and the Restructuring of Community

Complementing Union Citizenship

Rights

Duties

Values

The Restructuring Political Community in the European Union: Between National, Transnational and Supranational

The Primacy of National Communities

National Wrongs in Transnational Processes

Supranational Implications – Shared Rights, Shared Wrongs and Shared Punishment

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