Limits to EU Powers: A Case Study of EU Regulatory Criminal Law

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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law

By Jacob Oberg
Hart Publishing July 2017

Specifications

ISBN-13
9781509903351
Publisher
Hart Publishing
Publication
July 2017
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Also available as

Paperback

Details

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 question, 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
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
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