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

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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509934744
  • 出版时间 November 2019
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509903351
US$64.87
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 1. Introduction
    I. The Question of EU Competence after Lisbon
    II. The Problems of the Existing Limits to EU Competences
    III. Main Arguments of the Book
    IV. Case Study-EU Regulatory Criminal Law
    V. Chapter Synopsis
    Part I: A Framework for Legality Review
    2. Principles Limiting the Exercise of EU Competences
    I. Introduction
    II. The System of Competence Monitoring
    III. Principle of Conferral
    IV. Principle of Proportionality
    V. Principle of Subsidiarity
    VI. Conclusions
    3. Judicial Competence Review of EU Legislation
    I. Introduction
    II. The Link between Institutional and Conceptual Factors in Determining Intensity of Judicial Review
    III. The Case for Strict Procedural Review
    IV. The Court of Justice's Track Record on Procedural Review
    V. Setting the Framework for a General Standard of Review and Test for Legality of EU Legislation
    VI. Conclusions
    Part II: Limits to EU Powers
    4. Limits to the Union's Criminal Law Competence
    I. Introduction
    II. Limits to the Exercise of the Union's Criminal Law Competence Prior to the Lisbon Treaty
    III. Limits to the Exercise of Express Union Criminal Law Competence after Lisbon Treaty (Article 83(2) TFEU)
    IV. Conclusions
    5. The Legal Basis for EU Criminal Law Legislation-A Constitutional Choice?
    I. Introduction
    II. The Relationship Between Article 83(2) TFEU and Article 114 TFEU with Respect to Criminalisation Measures
    III. The Fight Against Fraud: The Relationship Between Article 325 TFEU and Article 83(2) TFEU
    IV. Conclusions
    6. Subsidiarity as a Constraint to the Exercise of EU Competences
    I. Introduction
    II. The Substantive Meaning of Subsidiarity
    III. Judicial Review of Subsidiarity
    IV. Case Study: The Market Abuse Crimes Directive
    V. Conclusions
    7. Political Control of EU Competences-National Parliaments in the Field of EU Criminal Law
    I. Introduction
    II. National Parliaments' Remit under the EWS Procedure
    III. National Parliaments' Pursuit of Competence Control in Practice-The Yellow Card Against the EPPO Proposal
    IV. Conclusions
    8. Conclusion
    I. Competence Control of the Exercise of EU Competences
    II. Reconstructing the Limits of the Treaties
    III. Epilogue: Future Prospects

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