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Union Regulatory Criminal Law Competence after Lisbon Treaty

Öberg, Jacob LU (2013) p.297-326
Abstract
This chapter analyses the scope of the Union’s regulatory criminal law competence subsequent to the ratification of the Lisbon Treaty. The chapter 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 chapter 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 chapter will as a case study discuss whether criminal sanctions are “essential” for effective implementation of Union competition policies. In... (More)
This chapter analyses the scope of the Union’s regulatory criminal law competence subsequent to the ratification of the Lisbon Treaty. The chapter 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 chapter 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 chapter 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 chapter 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. It is a reprinted form of the article that appeared in European Journal of Crime, Criminal Law and Criminal Justice in 2011.
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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, EU-rätt, Straffrätt
host publication
Crime, Criminal Law and Criminal Justice in Europe
editor
Albrecht, Hans Jörg and Klip, Andre
pages
30 pages
publisher
Brill
ISBN
978-90-04-25078-9
language
English
LU publication?
yes
id
6b3b3d76-ca72-4b07-9dfa-b77e9eaabc20
date added to LUP
2018-09-28 23:07:44
date last changed
2022-02-24 10:01:02
@inbook{6b3b3d76-ca72-4b07-9dfa-b77e9eaabc20,
  abstract     = {{This chapter analyses the scope of the Union’s regulatory criminal law competence subsequent to the ratification of the Lisbon Treaty. The chapter 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 chapter 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 chapter 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 chapter 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. It is a reprinted form of the article that appeared in European Journal of Crime, Criminal Law and Criminal Justice in 2011.<br/>}},
  author       = {{Öberg, Jacob}},
  booktitle    = {{Crime, Criminal Law and Criminal Justice in Europe}},
  editor       = {{Albrecht, Hans Jörg and Klip, Andre}},
  isbn         = {{978-90-04-25078-9}},
  keywords     = {{EU-law; Criminal law; EU-rätt; Straffrätt}},
  language     = {{eng}},
  month        = {{02}},
  pages        = {{297--326}},
  publisher    = {{Brill}},
  title        = {{Union Regulatory Criminal Law Competence after Lisbon Treaty}},
  year         = {{2013}},
}