The Limits of Intergovernmental Flexibility in EU Law: Evidence from the Irish Opt-out in the Area of Freedom, Security and Justice and the New Surrender Mechanism with the UK
(2022) In Irish Journal of European Law 24(1). p.105-118- Abstract
- This paper discusses the limits of intergovernmental flexibility in the area of freedom, security and justice with a main focus on the case of SN and SD. The judgment represents the first legal challenge to the new surrender mechanism between the EU and the UK post-Brexit. Reflecting on general criteria of legal basis litigation, the crux of the matter concerns the Irish opt-out under Protocol No 21. The choice between intergovernmental and supranational legal bases in this rather sensitive policy area is more than just a question of competence, but could indeed lead to a much broader policy shift for Ireland and its role in the EU. As such, the paper provides a discussion of the different legal and political effects as can be derived from... (More)
- This paper discusses the limits of intergovernmental flexibility in the area of freedom, security and justice with a main focus on the case of SN and SD. The judgment represents the first legal challenge to the new surrender mechanism between the EU and the UK post-Brexit. Reflecting on general criteria of legal basis litigation, the crux of the matter concerns the Irish opt-out under Protocol No 21. The choice between intergovernmental and supranational legal bases in this rather sensitive policy area is more than just a question of competence, but could indeed lead to a much broader policy shift for Ireland and its role in the EU. As such, the paper provides a discussion of the different legal and political effects as can be derived from the judgment. (Less)
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- author
- Engel, Annegret LU
- organization
- publishing date
- 2022
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- European arrest warrant, Intergovernmental flexibility, Protocol no 21, Competences, Legal basis litigation, EU law, EU-rätt
- in
- Irish Journal of European Law
- volume
- 24
- issue
- 1
- pages
- 105 - 118
- ISSN
- 0791-5403
- language
- English
- LU publication?
- yes
- id
- d8f0eefd-e33c-409b-8bc0-9a4baf16c503
- date added to LUP
- 2022-12-21 12:12:49
- date last changed
- 2022-12-23 12:03:57
@article{d8f0eefd-e33c-409b-8bc0-9a4baf16c503, abstract = {{This paper discusses the limits of intergovernmental flexibility in the area of freedom, security and justice with a main focus on the case of SN and SD. The judgment represents the first legal challenge to the new surrender mechanism between the EU and the UK post-Brexit. Reflecting on general criteria of legal basis litigation, the crux of the matter concerns the Irish opt-out under Protocol No 21. The choice between intergovernmental and supranational legal bases in this rather sensitive policy area is more than just a question of competence, but could indeed lead to a much broader policy shift for Ireland and its role in the EU. As such, the paper provides a discussion of the different legal and political effects as can be derived from the judgment.}}, author = {{Engel, Annegret}}, issn = {{0791-5403}}, keywords = {{European arrest warrant; Intergovernmental flexibility; Protocol no 21; Competences; Legal basis litigation; EU law; EU-rätt}}, language = {{eng}}, number = {{1}}, pages = {{105--118}}, series = {{Irish Journal of European Law}}, title = {{The Limits of Intergovernmental Flexibility in EU Law: Evidence from the Irish Opt-out in the Area of Freedom, Security and Justice and the New Surrender Mechanism with the UK}}, volume = {{24}}, year = {{2022}}, }