Opting in or opting out? : The EU’s variable geometry in the area of freedom, security and justice
(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:
https://lup.lub.lu.se/record/3adff80e-222c-4e93-8dad-3a6a231e6b99
- author
- Engel, Annegret LU
- organization
- publishing date
- 2020-12-11
- 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
- 2022-02-24 13:05:42
@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}}, keywords = {{EU law; criminal law cooperation; variable geometry; opt-outs; legal basis litigation; Brexit; EU-rätt}}, 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}}, }