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Normative justifications of EU criminal law: European public goods and transnational interests

Öberg, Jacob LU (2023) In European Law Journal 27(4-6). p.408-425
Abstract
EU policy-making in criminal law is a matter of significant public concern for EU citizens and the Member States. The exercise of EU public powers in the fields of criminal law and law enforcement have tangible and adverse consequences for the liberties and well-being of individuals. Furthermore, EU cooperation in the area of criminal law touches upon core functions of statehood including ‘core state powers’ such as the safeguarding of internal security and law enforcement. This raises several questions regarding the rationale underpinning EU criminal policy and its legitimacy within the context of a multi-level polity. This article sketches out a normative argument for legitimate justifications for some particular areas of EU criminal law... (More)
EU policy-making in criminal law is a matter of significant public concern for EU citizens and the Member States. The exercise of EU public powers in the fields of criminal law and law enforcement have tangible and adverse consequences for the liberties and well-being of individuals. Furthermore, EU cooperation in the area of criminal law touches upon core functions of statehood including ‘core state powers’ such as the safeguarding of internal security and law enforcement. This raises several questions regarding the rationale underpinning EU criminal policy and its legitimacy within the context of a multi-level polity. This article sketches out a normative argument for legitimate justifications for some particular areas of EU criminal law on the basis of the transnational criterion enshrined in the subsidiarity principle. The article claims that there is a compelling justification for EU action in criminal law to protect European public goods and other key transnational interests. (Less)
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, EU-rätt
in
European Law Journal
volume
27
issue
4-6
pages
18 pages
publisher
Wiley-Blackwell
ISSN
1468-0386
language
English
LU publication?
yes
id
c42fe15c-9b3a-4455-8e2a-c9428760c80e
date added to LUP
2023-02-17 10:09:28
date last changed
2023-03-06 14:03:26
@article{c42fe15c-9b3a-4455-8e2a-c9428760c80e,
  abstract     = {{EU policy-making in criminal law is a matter of significant public concern for EU citizens and the Member States. The exercise of EU public powers in the fields of criminal law and law enforcement have tangible and adverse consequences for the liberties and well-being of individuals. Furthermore, EU cooperation in the area of criminal law touches upon core functions of statehood including ‘core state powers’ such as the safeguarding of internal security and law enforcement. This raises several questions regarding the rationale underpinning EU criminal policy and its legitimacy within the context of a multi-level polity. This article sketches out a normative argument for legitimate justifications for some particular areas of EU criminal law on the basis of the transnational criterion enshrined in the subsidiarity principle. The article claims that there is a compelling justification for EU action in criminal law to protect European public goods and other key transnational interests.}},
  author       = {{Öberg, Jacob}},
  issn         = {{1468-0386}},
  keywords     = {{EU-law; EU-rätt}},
  language     = {{eng}},
  month        = {{02}},
  number       = {{4-6}},
  pages        = {{408--425}},
  publisher    = {{Wiley-Blackwell}},
  series       = {{European Law Journal}},
  title        = {{Normative justifications of EU criminal law: European public goods and transnational interests}},
  url          = {{https://lup.lub.lu.se/search/files/138135128/European_Law_Journal_2023_berg_Normative_justifications_of_EU_criminal_law_European_public_goods_and_transnational_1_.pdf}},
  volume       = {{27}},
  year         = {{2023}},
}