Exit, Voice and Consensus- A Legal and Political Analysis of the Emergency Brake in EU Criminal Policy
(2021) In European Law Review 46(4). p.506-530- Abstract
- This article presents a political and legal analysis of the emergency brake in criminal law in Articles 82(3) and 83(3) TFEU. It suggests that the emergency brake offers a powerful discretionary prerogative for Member States seeking to protect the integrity of their criminal justice systems. This strong legal shield for Member States in the form of a ‘quasi-veto’ is contrasted with a tendency to decision-making under the ‘shadow of the vote’, cautiously moving towards supranationalism. On the basis of general theories of Council decision-making and a comprehensive review of EU criminal law legislation adopted to date, the article argues that majority rule rather than general agreement appears to be the current driving force behind... (More)
- This article presents a political and legal analysis of the emergency brake in criminal law in Articles 82(3) and 83(3) TFEU. It suggests that the emergency brake offers a powerful discretionary prerogative for Member States seeking to protect the integrity of their criminal justice systems. This strong legal shield for Member States in the form of a ‘quasi-veto’ is contrasted with a tendency to decision-making under the ‘shadow of the vote’, cautiously moving towards supranationalism. On the basis of general theories of Council decision-making and a comprehensive review of EU criminal law legislation adopted to date, the article argues that majority rule rather than general agreement appears to be the current driving force behind decision-making in EU criminal policy. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/c211697f-9429-4feb-89d7-4d0ccfbfdb8d
- author
- Öberg, Jacob LU
- organization
- publishing date
- 2021-08-11
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- EU law, EU-rätt
- in
- European Law Review
- volume
- 46
- issue
- 4
- pages
- 25 pages
- publisher
- Sweet & Maxwell
- external identifiers
-
- scopus:85113493959
- ISSN
- 0307-5400
- language
- English
- LU publication?
- yes
- id
- c211697f-9429-4feb-89d7-4d0ccfbfdb8d
- date added to LUP
- 2020-11-24 07:57:40
- date last changed
- 2023-05-13 04:04:56
@article{c211697f-9429-4feb-89d7-4d0ccfbfdb8d,
abstract = {{This article presents a political and legal analysis of the emergency brake in criminal law in Articles 82(3) and 83(3) TFEU. It suggests that the emergency brake offers a powerful discretionary prerogative for Member States seeking to protect the integrity of their criminal justice systems. This strong legal shield for Member States in the form of a ‘quasi-veto’ is contrasted with a tendency to decision-making under the ‘shadow of the vote’, cautiously moving towards supranationalism. On the basis of general theories of Council decision-making and a comprehensive review of EU criminal law legislation adopted to date, the article argues that majority rule rather than general agreement appears to be the current driving force behind decision-making in EU criminal policy.}},
author = {{Öberg, Jacob}},
issn = {{0307-5400}},
keywords = {{EU law; EU-rätt}},
language = {{eng}},
month = {{08}},
number = {{4}},
pages = {{506--530}},
publisher = {{Sweet & Maxwell}},
series = {{European Law Review}},
title = {{Exit, Voice and Consensus- A Legal and Political Analysis of the Emergency Brake in EU Criminal Policy}},
volume = {{46}},
year = {{2021}},
}