Limits to EU Powers: A Case Study of EU Regulatory Criminal Law

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PRAISE FOR THE BOOK essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. bergs critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union. Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam 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.

Reviews

In these days of burgeoning specialist discussion and publication of what is now firmly embedded under the title EU criminal law, Jacob Obergs book stands out as a distinctive contribution to the debates, with some real potential to drive forward policy and law. -- Christopher Harding * European Law Blog *
[T]his book offers an informed and interesting contribution to the legal research in the field of European law, especially for the perspective of combining its constitutional analysis to the field of European criminal law, one of its recent areas of development and growth, but still a macro-area where tensions arise because the jus puniendi is at the core the States powers over individuals. -- Luisa Marin and Enrico Basile * Common Market Law Review *
Anyone who cares about the integration process and its legitimacy should consider the analysis offered within this book seriously. Hopefully, just as berg has considered the judicial scrutiny aspects related to the monitoring of EU powers, others in academia will concentrate on the lawmaking process part. Anyone interested in the foundations and limits of EU powers will find, in the analysis and proposals of this book, a great deal of food for thought. -- Claudio Matera, University of Twente * New Journal of European Criminal Law *
[A]n excellent book which makes a significant contribution to the academic and policy debate on the development of EU criminal law within the Unions constitutional order. The book is particularly valuable in reframing the competence debate from analyses projecting upon the EU unrealistic expectations to copy national criminal justice systems to an analysis that examines, critically and thoroughly, the possibilities of EU action within the constitutional framework provided by EU law. -- Valsamis Mitsilegas, Queen Mary University of London * Modern Law Review *

Author Bio

Jacob berg is Associate Professor in Law at Lund University.