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The Limits of Intergovernmental Flexibility in EU Law: Evidence from the Irish Opt-out in the Area of Freedom, Security and Justice and the New Surrender Mechanism with the UK

Engel, Annegret LU (2022) In Irish Journal of European Law 24(1). p.105-118
Abstract
This paper discusses the limits of intergovernmental flexibility in the area of freedom, security and justice with a main focus on the case of SN and SD. The judgment represents the first legal challenge to the new surrender mechanism between the EU and the UK post-Brexit. Reflecting on general criteria of legal basis litigation, the crux of the matter concerns the Irish opt-out under Protocol No 21. The choice between intergovernmental and supranational legal bases in this rather sensitive policy area is more than just a question of competence, but could indeed lead to a much broader policy shift for Ireland and its role in the EU. As such, the paper provides a discussion of the different legal and political effects as can be derived from... (More)
This paper discusses the limits of intergovernmental flexibility in the area of freedom, security and justice with a main focus on the case of SN and SD. The judgment represents the first legal challenge to the new surrender mechanism between the EU and the UK post-Brexit. Reflecting on general criteria of legal basis litigation, the crux of the matter concerns the Irish opt-out under Protocol No 21. The choice between intergovernmental and supranational legal bases in this rather sensitive policy area is more than just a question of competence, but could indeed lead to a much broader policy shift for Ireland and its role in the EU. As such, the paper provides a discussion of the different legal and political effects as can be derived from the judgment. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
European arrest warrant, Intergovernmental flexibility, Protocol no 21, Competences, Legal basis litigation, EU law, EU-rätt
in
Irish Journal of European Law
volume
24
issue
1
pages
105 - 118
ISSN
0791-5403
language
English
LU publication?
yes
id
d8f0eefd-e33c-409b-8bc0-9a4baf16c503
date added to LUP
2022-12-21 12:12:49
date last changed
2022-12-23 12:03:57
@article{d8f0eefd-e33c-409b-8bc0-9a4baf16c503,
  abstract     = {{This paper discusses the limits of intergovernmental flexibility in the area of freedom, security and justice with a main focus on the case of SN and SD. The judgment represents the first legal challenge to the new surrender mechanism between the EU and the UK post-Brexit. Reflecting on general criteria of legal basis litigation, the crux of the matter concerns the Irish opt-out under Protocol No 21. The choice between intergovernmental and supranational legal bases in this rather sensitive policy area is more than just a question of competence, but could indeed lead to a much broader policy shift for Ireland and its role in the EU. As such, the paper provides a discussion of the different legal and political effects as can be derived from the judgment.}},
  author       = {{Engel, Annegret}},
  issn         = {{0791-5403}},
  keywords     = {{European arrest warrant; Intergovernmental flexibility; Protocol no 21; Competences; Legal basis litigation; EU law; EU-rätt}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{105--118}},
  series       = {{Irish Journal of European Law}},
  title        = {{The Limits of Intergovernmental Flexibility in EU Law: Evidence from the Irish Opt-out in the Area of Freedom, Security and Justice and the New Surrender Mechanism with the UK}},
  volume       = {{24}},
  year         = {{2022}},
}