Wednesday, August 16, 2017
Jacob Öberg (Örebro University) has posted Limits to EU Powers: A Case Study of EU Regulatory Criminal Law- Chapter 1 (author's version) (Hart Publishing (Hart Studies in European Criminal Law) 2017) on SSRN. Here is the abstract:
Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law. Chapter 1 introduces the problem of EU competences, identifies the pressing questions in EU law on competences after Lisbon. Subsequent to this the chapter account for the key argument of the book and how the argument will be developed. It finally explains the scope of the book and the choice of the case study of EU criminal law.