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

Jacob Oberg

ISBN13: 9781509903351
Published: July 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781509934744



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Also available as
eBook (ePub)
9781509903375
£37.79

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.

Subjects:
Criminal Law, EU Law
Contents:
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

Series: Hart Studies in European Criminal Law

Cover of Criminal Law and Labour Exploitation
Criminal Law and Labour Exploitation
Annalisa Lucifora
ISBN 9781509937714
To be published June 2030
Hart Publishing
£75.00
Cover of The European Arrest Warrant at Twenty: Coming of Age>
The European Arrest Warrant at Twenty: Coming of Age>
Edited by: Adam Lazowski, Valsamis Mitsilegas
ISBN 9781509961146
To be published August 2028
Hart Publishing
£44.99
Cover of The Political Constitution of EU Criminal Law: Choices of Legal Basis and Their Consequences in the New Constitutional Framework
The Political Constitution of EU Criminal Law: Choices of Legal Basis and Their Consequences in the New Constitutional Framework
Samuli Miettinen
ISBN 9781509906246
To be published June 2028
Hart Publishing
£60.00
Cover of EU Fair Trial Rights in Criminal Proceedings
EU Fair Trial Rights in Criminal Proceedings
Edited by: Silvia Allegrezza, Valentina Covolo
ISBN 9781509938643
To be published May 2028
Hart Publishing
£100.00
Resolving Legal Conflicts Between Data Access Investigative Measures and Data Protection Law in the EU
Juraj Sajfert
ISBN 9781509984794
To be published February 2027
Hart Publishing
£90.00
Cover of UK-EU Police and Judicial Cooperation Post-Brexit: Implementing the Trade and Cooperation Agreement
UK-EU Police and Judicial Cooperation Post-Brexit: Implementing the Trade and Cooperation Agreement
Edited by: Gemma Davies, Helena Carrapico
ISBN 9781509966530
Published January 2027
Hart Publishing
Price on Application
Addressing Deepfakes: Harmful AI-generated Content between Criminal Law and Digital Regulation
Clementina Salvi
ISBN 9781509996384
To be published January 2027
Hart Publishing
£90.00
Cover of Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle
Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle
Lorenzo Grossio
ISBN 9781509984787
To be published December 2026
Hart Publishing
£44.99
Cover of EU Anti-Money Laundering, Digital Currencies and Privacy
EU Anti-Money Laundering, Digital Currencies and Privacy
Andreas Karapatakis
ISBN 9781509982776
Published August 2026
Hart Publishing
£90.00
Cover of Proportionality of Criminal Penalties in EU Law
Proportionality of Criminal Penalties in EU Law
Edited by: Lorenzo Grossio, Stefano Montaldo, Valsamis Mitsilegas
ISBN 9781509974191
To be published August 2026
Hart Publishing
£44.99
Cover of Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights
Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights
Edited by: Lorena Bachmaier Winter, Farsam Salimi
ISBN 9781509972036
Published December 2025
Hart Publishing
£41.99
Cover of UK-EU Police and Judicial Cooperation Post-Brexit: Implementing the Trade and Cooperation Agreement
UK-EU Police and Judicial Cooperation Post-Brexit: Implementing the Trade and Cooperation Agreement
Edited by: Gemma Davies, Helena Carrapico
ISBN 9781509966448
Published July 2025
Hart Publishing
£100.00
Cover of Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle (eBook)
Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle (eBook)
Lorenzo Grossio
ISBN 9781509984756
Published June 2025
Hart Publishing
£81.00

Due to a technical issue some ebooks are not available to order.

Cover of Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle
Proportionality of Criminal Offences and Penalties in EU Law: A Hybrid Principle
Lorenzo Grossio
ISBN 9781509984749
Published June 2025
Hart Publishing
£90.00
Cover of Corporations and the Privilege Against Self-Incrimination
Corporations and the Privilege Against Self-Incrimination
Stijn LamberigtsEubelius Belgium, Valsamis MitsilegasUniversity of Liverpool UK, Katalin LigetiUniversity of Luxembourg, Anne WeyemberghUniversite Libre de Bruxelles
ISBN 9781509953356
Published July 2024
Hart Publishing
£42.99
Cover of Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights (eBook)
Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights (eBook)
Edited by: Lorena Bachmaier Winter, Farsam Salimi
ISBN 9781509972005
Published June 2024
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights
Admissibility of Evidence in EU Cross-Border Criminal Proceedings: Electronic Evidence, Efficiency and Fair Trial Rights
Edited by: Lorena Bachmaier Winter, Farsam Salimi
ISBN 9781509971992
Published June 2024
Hart Publishing
£90.00
Cover of Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future
Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future
Edited by: Vanessa Franssen, Christopher Harding
ISBN 9781509957262
Published June 2023
Hart Publishing
£49.99
Cover of EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order (eBook)
EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order (eBook)
Edited by: Michiel Luchtman, Katalin Ligeti, John Vervaele
ISBN 9781509946471
Published February 2023
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order
EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order
Edited by: Michiel Luchtman, Katalin Ligeti, John Vervaele
ISBN 9781509946464
Published February 2023
Hart Publishing
£95.00
Cover of Corporations and the Privilege against Self-Incrimination (eBook)
Corporations and the Privilege against Self-Incrimination (eBook)
Stijn Lamberigts
ISBN 9781509953325
Published December 2022
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of Corporations and the Privilege against Self-Incrimination
Corporations and the Privilege against Self-Incrimination
Stijn Lamberigts
ISBN 9781509953318
Published December 2022
Hart Publishing
£90.00
Cover of Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
Edited by: Valsamis Mitsilegas, Niovi Vavoula
ISBN 9781509946617
Published November 2022
Hart Publishing
£43.99
Cover of Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration"
Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration"
Edited by: Gian Luigi Gatta, Valsamis Mitsilegas, Stefano Zirulia
ISBN 9781509942756
Published July 2022
Hart Publishing
£43.99
Cover of The Fight Against Impunity in EU Law
The Fight Against Impunity in EU Law
Luisa Marin, Stefano Montaldo
ISBN 9781509945610
Published June 2022
Hart Publishing
£43.99
Cover of Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future
Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future
Edited by: Vanessa Franssen, Christopher Harding
ISBN 9781509932863
Published February 2022
Hart Publishing
£110.00
Cover of Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future (eBook)
Criminal and Quasi-criminal Enforcement Mechanisms in Europe: Origins, Concepts, Future (eBook)
Edited by: Vanessa Franssen, Christopher Harding
ISBN 9781509932870
Published February 2022
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of The Legitimacy of EU Criminal Law
The Legitimacy of EU Criminal Law
Irene Wieczorek
ISBN 9781509944392
Published January 2022
Hart Publishing
£38.99
Cover of Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives (eBook)
Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives (eBook)
Edited by: Valsamis Mitsilegas, Niovi Vavoula
ISBN 9781509925186
Published May 2021
Hart Publishing
£39.59

Due to a technical issue some ebooks are not available to order.

Cover of Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
Edited by: Valsamis Mitsilegas, Niovi Vavoula
ISBN 9781509925179
Published May 2021
Hart Publishing
£100.00
Cover of Criminal Liability of Managers in Europe: Punishing Excessive Risk
Criminal Liability of Managers in Europe: Punishing Excessive Risk
Stanislaw Tosza
ISBN 9781509944958
Published February 2021
Hart Publishing
£41.99
Cover of The Principle of Mutual Trust in EU Criminal Law (eBook)
The Principle of Mutual Trust in EU Criminal Law (eBook)
Auke Willems
ISBN 9781509924554
Published February 2021
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of The Principle of Mutual Trust in EU Criminal Law
The Principle of Mutual Trust in EU Criminal Law
Auke Willems
ISBN 9781509924547
Published February 2021
Hart Publishing
£100.00
Cover of Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration" (eBook)
Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration" (eBook)
Edited by: Valsamis Mitsilegas Stefano Zirulia Gian Luigi Gatta
ISBN 9781509933938
Published January 2021
Hart Publishing
£39.59

Due to a technical issue some ebooks are not available to order.

Cover of Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration"
Controlling Immigration Through Criminal Law: European and Comparative Perspectives on "Crimmigration"
Edited by: Valsamis Mitsilegas Stefano Zirulia Gian Luigi Gatta
ISBN 9781509933921
Published January 2021
Hart Publishing
£100.00
Cover of The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual
The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual
Dr. Leandro Mancano
ISBN 9781509945764
Published December 2020
Hart Publishing
£39.99
Cover of The Fight Against Impunity in EU Law
The Fight Against Impunity in EU Law
Luisa Marin, Stefano Montaldo
ISBN 9781509926879
Published November 2020
Hart Publishing
£110.00
Cover of The Fight Against Impunity in EU Law (eBook)
The Fight Against Impunity in EU Law (eBook)
Luisa Marin, Stefano Montaldo
ISBN 9781509926886
Published November 2020
Hart Publishing
£39.59

Due to a technical issue some ebooks are not available to order.

Cover of The Legitimacy of EU Criminal Law
The Legitimacy of EU Criminal Law
Irene Wieczorek
ISBN 9781509919741
Published July 2020
Hart Publishing
£100.00
Cover of The Legitimacy of EU Criminal Law (eBook)
The Legitimacy of EU Criminal Law (eBook)
Irene Wieczorek
ISBN 9781509919758
Published July 2020
Hart Publishing
£35.09

Due to a technical issue some ebooks are not available to order.

Cover of The Needed Balances in EU Criminal Law: Past, Present and Future
The Needed Balances in EU Criminal Law: Past, Present and Future
Edited by: Chloé Brière, Anne Weyembergh
ISBN 9781509937493
Published April 2020
Hart Publishing
£69.99
Cover of Redefining Organised Crime: A Challenge for the European Union?
Redefining Organised Crime: A Challenge for the European Union?
Edited by: Stefania Carnevale, Serena Forlati, Orsetta Giolo
ISBN 9781509937691
Published April 2020
Hart Publishing
£49.99
Cover of Limits to EU Powers: A Case Study of EU Regulatory Criminal Law
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law
Jacob Öberg
ISBN 9781509934744
Published November 2019
Hart Publishing
£41.99
Cover of Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU
Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU
Katalin Ligeti
ISBN 9781509931293
Published August 2019
Hart Publishing
£49.99
Cover of Challenges in the Field of Economic and Financial Crime in Europe and the US
Challenges in the Field of Economic and Financial Crime in Europe and the US
Edited by: Katalin Ligeti, Vanessa Franssen
ISBN 9781509930128
Published July 2019
Hart Publishing
£41.99
Cover of The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual
The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual
Leandro Mancano
ISBN 9781509908080
Published May 2019
Hart Publishing
£95.00
Cover of The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual (eBook)
The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual (eBook)
Leandro Mancano
ISBN 9781509908097
Published May 2019
Hart Publishing
£35.99

Due to a technical issue some ebooks are not available to order.

Cover of Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook)
Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook)
Stanislaw Tosza
ISBN 9781509914982
Published December 2018
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Criminal Liability of Managers in Europe: Punishing Excessive Risk
Criminal Liability of Managers in Europe: Punishing Excessive Risk
Stanislaw Tosza
ISBN 9781509914975
Published December 2018
Hart Publishing
£100.00
Cover of White Collar Crime: A Comparative Perspective (eBook)
White Collar Crime: A Comparative Perspective (eBook)
Katalin Ligeti
ISBN 9781509917907
Published November 2018
Hart Publishing
£126.00

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Cover of White Collar Crime: A Comparative Perspective
White Collar Crime: A Comparative Perspective
Katalin Ligeti
ISBN 9781509917891
Published November 2018
Hart Publishing
£140.00
Cover of EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe
EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe
Valsamis Mitsilegas
ISBN 9781509924769
Published October 2018
Hart Publishing
£31.99
Cover of The Needed Balances in EU Criminal Law (eBook)
The Needed Balances in EU Criminal Law (eBook)
Chloe Briere, Anne Weyembergh
ISBN 9781509917020
Published December 2017
Hart Publishing
£62.99

Due to a technical issue some ebooks are not available to order.

Cover of Redefining Organized Crime: A Challenge for the European Union? (eBook)
Redefining Organized Crime: A Challenge for the European Union? (eBook)
Edited by: Stefania Carnevale, Serena Forlati, Orsetta Giolo
ISBN 9781509904716
Published December 2017
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of The Needed Balances in EU Criminal Law
The Needed Balances in EU Criminal Law
Chloe Briere, Anne Weyembergh
ISBN 9781509917006
Published December 2017
Hart Publishing
£140.00
Cover of Redefining Organized Crime: A Challenge for the European Union?
Redefining Organized Crime: A Challenge for the European Union?
Edited by: Stefania Carnevale, Serena Forlati, Orsetta Giolo
ISBN 9781509904709
Published December 2017
Hart Publishing
£110.00
Cover of Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook)
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook)
Jacob Oberg
ISBN 9781509903375
Published July 2017
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU
Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU
Katalin Ligeti
ISBN 9781509912070
Published April 2017
Hart Publishing
£110.00
Cover of Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU (eBook)
Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU (eBook)
Katalin Ligeti
ISBN 9781509912063
Published April 2017
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of Challenges in the Field of Economic and Financial Crime in Europe and the US
Challenges in the Field of Economic and Financial Crime in Europe and the US
Edited by: Katalin Ligeti, Vanessa Franssen
ISBN 9781509908035
Published February 2017
Hart Publishing
£100.00
Cover of Challenges in the Field of Economic and Financial Crime in Europe and the US (eBook)
Challenges in the Field of Economic and Financial Crime in Europe and the US (eBook)
Edited by: Katalin Ligeti, Vanessa Franssen
ISBN 9781509908059
Published February 2017
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe (eBook)
EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe (eBook)
Valsamis Mitsilegas
ISBN 9781782259886
Published June 2016
Hart Publishing
£28.79

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Cover of EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe
EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe
Valsamis Mitsilegas
ISBN 9781849466486
Published June 2016
Hart Publishing
£85.00