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

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

Name: Limits to EU Powers: A Case Study of EU Regulatory Criminal Law
Brand: Hart Publishing
SKU: 9781509934744
Price: 529.49 HKD
Availability: InStock
Author: Jacob Öberg
ISBN: 9781509934744

By Jacob Öberg

Hart Publishing November 2019

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ISBN-13: 9781509934744
Publisher: Hart Publishing
Publication: November 2019
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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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.

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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