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Opting in or opting out? : The EU’s variable geometry in the area of freedom, security and justice

Engel, Annegret LU (2020) p.39-55
Abstract
The EU’s provisions on cooperation in criminal matters have long allowed for greater flexibility than in other (less sensitive) policy areas. Despite their formal integration into the realm of supranational law under the Lisbon Treaty, they remain subject to some intergovernmental features which are being preserved from the previous pillar structure pre-Lisbon. In particular, this includes opt-outs from certain measures for Member States on the one hand, as well as the possibility of “opt-ins” by means of agreements concluded with non-Member States on the other hand, thus leading to a rather fragmented European landscape in matters of criminal law cooperation. This Chapter analyses the specific legal bases allowing for differentiated... (More)
The EU’s provisions on cooperation in criminal matters have long allowed for greater flexibility than in other (less sensitive) policy areas. Despite their formal integration into the realm of supranational law under the Lisbon Treaty, they remain subject to some intergovernmental features which are being preserved from the previous pillar structure pre-Lisbon. In particular, this includes opt-outs from certain measures for Member States on the one hand, as well as the possibility of “opt-ins” by means of agreements concluded with non-Member States on the other hand, thus leading to a rather fragmented European landscape in matters of criminal law cooperation. This Chapter analyses the specific legal bases allowing for differentiated integration in the area of freedom, security and justice as well as the advantages and disadvantages of the various approaches and how these may or may not achieve the overarching objectives of the Union in this area. One of the main questions will be whether the current legal framework would allow for a more harmonised approach, thus providing a discussion of overlapping legal bases and the resulting legal basis litigation. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
EU law, criminal law cooperation, variable geometry, opt-outs, legal basis litigation, Brexit, EU-rätt
host publication
The Governance of Criminal Justice in the European Union : Transnationalism, Localism and Public Participation in an Evolving Constitutional Order - Transnationalism, Localism and Public Participation in an Evolving Constitutional Order
editor
Pereira, Ricardo ; Engel, Annegret and Miettinen, Samuli
pages
39 - 55
publisher
Edward Elgar Publishing
ISBN
9781788977289
9781788977296
DOI
10.4337/9781788977296.00009
language
English
LU publication?
yes
id
3adff80e-222c-4e93-8dad-3a6a231e6b99
date added to LUP
2019-03-23 13:04:51
date last changed
2020-12-16 13:52:21
@inbook{3adff80e-222c-4e93-8dad-3a6a231e6b99,
  abstract     = {The EU’s provisions on cooperation in criminal matters have long allowed for greater flexibility than in other (less sensitive) policy areas. Despite their formal integration into the realm of supranational law under the Lisbon Treaty, they remain subject to some intergovernmental features which are being preserved from the previous pillar structure pre-Lisbon. In particular, this includes opt-outs from certain measures for Member States on the one hand, as well as the possibility of “opt-ins” by means of agreements concluded with non-Member States on the other hand, thus leading to a rather fragmented European landscape in matters of criminal law cooperation. This Chapter analyses the specific legal bases allowing for differentiated integration in the area of freedom, security and justice as well as the advantages and disadvantages of the various approaches and how these may or may not achieve the overarching objectives of the Union in this area. One of the main questions will be whether the current legal framework would allow for a more harmonised approach, thus providing a discussion of overlapping legal bases and the resulting legal basis litigation.},
  author       = {Engel, Annegret},
  booktitle    = {The Governance of Criminal Justice in the European Union : Transnationalism, Localism and Public Participation in an Evolving Constitutional Order},
  editor       = {Pereira, Ricardo and Engel, Annegret and Miettinen, Samuli},
  isbn         = {9781788977289},
  language     = {eng},
  month        = {12},
  pages        = {39--55},
  publisher    = {Edward Elgar Publishing},
  title        = {Opting in or opting out? : The EU’s variable geometry in the area of freedom, security and justice},
  url          = {http://dx.doi.org/10.4337/9781788977296.00009},
  doi          = {10.4337/9781788977296.00009},
  year         = {2020},
}