Citizenship, Crime and Community in the European Union

European Union Law

Citizenship, Crime and Community in the European Union

By Stephen Coutts
Hart Publishing April 2021

Specifications

ISBN-13
9781509951956
Publisher
Hart Publishing
Publication
April 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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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