Advanced

Union Regulatory Criminal Law Competence after Lisbon Treaty

Öberg, Jacob LU (2011) In European Journal of Crime, Criminal Law and Criminal Justice 19(4). p.289-318
Abstract
This article analyse the scope of the Union’s regulatory criminal law competence subsequent to the ratification of the Lisbon Treaty. The article is primarily focused on examining what legal limitations that can be imposed on the Union’s competence to impose criminal penalties under the new legal basis in Article 83(2) TFEU. In particular, the article examines in detail whether criminal sanctions are “essential” for the effective implementation of Union policies. In this regard, it is analysed what standard that the ECJ should adopt in relation to judicial review of EU criminal law enactments. The article will as a case study discuss whether criminal sanctions are “essential” for effective implementation of Union competition policies. In... (More)
This article analyse the scope of the Union’s regulatory criminal law competence subsequent to the ratification of the Lisbon Treaty. The article is primarily focused on examining what legal limitations that can be imposed on the Union’s competence to impose criminal penalties under the new legal basis in Article 83(2) TFEU. In particular, the article examines in detail whether criminal sanctions are “essential” for the effective implementation of Union policies. In this regard, it is analysed what standard that the ECJ should adopt in relation to judicial review of EU criminal law enactments. The article will as a case study discuss whether criminal sanctions are “essential” for effective implementation of Union competition policies. In this regard it will be considered whether criminal sanctions are suitable and necessary for the effective implementation of Union competition policies. Finally, the article discusses the procedural requirements for adopting criminal law legislation. In particular it is analysed how much harmonisation is needed for the adoption of Union criminal law legislation and whether the Union need to adopt a prior harmonisation measure in order to enact criminal law measures on the basis of Article 83(2) TFEU. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Contribution to journal
publication status
published
subject
in
European Journal of Crime, Criminal Law and Criminal Justice
volume
19
issue
4
pages
30 pages
publisher
Brill
external identifiers
  • scopus:84860396058
ISSN
0928-9569
language
English
LU publication?
no
id
2ec0e65f-3863-4bd3-9232-b4ab995e6971
date added to LUP
2018-09-05 12:16:00
date last changed
2018-10-07 05:08:22
@article{2ec0e65f-3863-4bd3-9232-b4ab995e6971,
  abstract     = {This article analyse the scope of the Union’s regulatory criminal law competence subsequent to the ratification of the Lisbon Treaty. The article is primarily focused on examining what legal limitations that can be imposed on the Union’s competence to impose criminal penalties under the new legal basis in Article 83(2) TFEU. In particular, the article examines in detail whether criminal sanctions are “essential” for the effective implementation of Union policies. In this regard, it is analysed what standard that the ECJ should adopt in relation to judicial review of EU criminal law enactments. The article will as a case study discuss whether criminal sanctions are “essential” for effective implementation of Union competition policies. In this regard it will be considered whether criminal sanctions are suitable and necessary for the effective implementation of Union competition policies. Finally, the article discusses the procedural requirements for adopting criminal law legislation. In particular it is analysed how much harmonisation is needed for the adoption of Union criminal law legislation and whether the Union need to adopt a prior harmonisation measure in order to enact criminal law measures on the basis of Article 83(2) TFEU.},
  author       = {Öberg, Jacob},
  issn         = {0928-9569},
  language     = {eng},
  number       = {4},
  pages        = {289--318},
  publisher    = {Brill},
  series       = {European Journal of Crime, Criminal Law and Criminal Justice },
  title        = {Union Regulatory Criminal Law Competence after Lisbon Treaty},
  volume       = {19},
  year         = {2011},
}