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The Legal Basis for EU Criminal Law Legislation

Öberg, Jacob LU (2018) In European Law Review 43(3). p.366-393
Abstract
Article 83(2) TFEU, introduced by the Treaty of Lisbon, confers a power on the EU to harmonise Member States’ legislation to define criminal offences and criminal sanctions. Nonetheless, uncertainty persists as to whether this provision exhaustively determines the EU’s power to adopt criminal law to enforce its policies. The article outlines the core case for viewing art.83(2) TFEU as a lex specialis. It argues that the post-Lisbon constitutional design, alongside principled and teleological considerations, support a Member State centred approach for criminal law competence. This is particularly the case with regard to the adoption of harmonisation measures.
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
EU-law, Civil and criminal procedure, EU-rätt, Processrätt
in
European Law Review
volume
43
issue
3
pages
28 pages
publisher
Sweet & Maxwell
external identifiers
  • scopus:85061980774
ISSN
0307-5400
language
English
LU publication?
yes
id
6c125af3-e2db-416a-9137-f2c0d57f9a0d
date added to LUP
2018-09-04 13:32:23
date last changed
2021-10-06 05:38:04
@article{6c125af3-e2db-416a-9137-f2c0d57f9a0d,
  abstract     = {Article 83(2) TFEU, introduced by the Treaty of Lisbon, confers a power on the EU to harmonise Member States’ legislation to define criminal offences and criminal sanctions. Nonetheless, uncertainty persists as to whether this provision exhaustively determines the EU’s power to adopt criminal law to enforce its policies. The article outlines the core case for viewing art.83(2) TFEU as a lex specialis. It argues that the post-Lisbon constitutional design, alongside principled and teleological considerations, support a Member State centred approach for criminal law competence. This is particularly the case with regard to the adoption of harmonisation measures.},
  author       = {Öberg, Jacob},
  issn         = {0307-5400},
  language     = {eng},
  month        = {06},
  number       = {3},
  pages        = {366--393},
  publisher    = {Sweet & Maxwell},
  series       = {European Law Review},
  title        = {The Legal Basis for EU Criminal Law Legislation},
  url          = {https://lup.lub.lu.se/search/files/51977164/Legal_basis_article_ELRev_accepted.docx},
  volume       = {43},
  year         = {2018},
}