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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)
Abstract
This post 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 post argues that majority rule rather than general agreement appears to be the current driving force behind... (More)
This post 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 post 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:
author
organization
publishing date
type
Other contribution
publication status
published
subject
keywords
EU law, EU-rätt
pages
6 pages
publisher
European Law Blog
language
English
LU publication?
yes
id
c5733758-8516-41f3-81cc-dd800dc39b51
alternative location
https://europeanlawblog.eu/2021/10/11/exit-voice-and-consensus-a-legal-and-political-analysis-of-the-emergency-brake-in-eu-criminal-policy/
date added to LUP
2021-10-13 13:55:43
date last changed
2022-02-24 10:03:18
@misc{c5733758-8516-41f3-81cc-dd800dc39b51,
  abstract     = {{This post 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 post 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}},
  keywords     = {{EU law; EU-rätt}},
  language     = {{eng}},
  month        = {{10}},
  publisher    = {{European Law Blog}},
  title        = {{Exit, voice and consensus – A legal and political analysis of the emergency brake in EU criminal policy}},
  url          = {{https://lup.lub.lu.se/search/files/107725939/eu_law_blog_211007_final_draft.pdf}},
  year         = {{2021}},
}