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Limits to EU powers : a case study of EU regulatory criminal law / created by Jacob Öberg.

By: Contributor(s): Material type: TextTextSeries: Hart studies in European criminal law | Hart studies in European criminal lawPublisher: Hart Publishing, 2017Copyright date: ©2017Description: xxxii, 220 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781509903351 (hardback)
Subject(s): Additional physical formats: Online version:: Limits to EU powersLOC classification:
  • KJE5086 OBE
Contents:
Introduction -- Principles limiting the exercise of EU competences -- Judicial competence review of EU legislation -- Limits to the Union's criminal law competence -- The legal basis for EU criminal law Legislation : a constitutional choice? -- Subsidiarity as a constraint to the exercise of EU competences -- Political control of EU competences : national parliaments in the field of EU criminal law -- Conclusion.
Summary: 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 question, 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
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Includes bibliographical references and index.

Introduction -- Principles limiting the exercise of EU competences -- Judicial competence review of EU legislation -- Limits to the Union's criminal law competence -- The legal basis for EU criminal law Legislation : a constitutional choice? -- Subsidiarity as a constraint to the exercise of EU competences -- Political control of EU competences : national parliaments in the field of EU criminal law -- Conclusion.

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 question, 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

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