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‘Exit, Voice and Consensus- A Legal and Political Analysis of the Emergency Brake in EU Criminal Policy’

Öberg, Jacob LU (2021) In European Law Review 46.
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)
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author
organization
publishing date
type
Contribution to journal
publication status
in press
subject
keywords
EU law, EU-rätt
in
European Law Review
volume
46
publisher
Sweet & Maxwell
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
2020-11-24 09:28:39
@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},
  language     = {eng},
  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},
}