The Normative Foundations for EU Criminal Justice

Should the European Union regulate criminal justice? This open access book explores the question forensically, establishing whether a compelling normative justification for EU action in the field exists. It develops an integrated standard based on the perspectives of the effective allocation of regulatory authority between the EU and the Member States, representation-based political theories, and harm-based theories of criminal law. This is a work that will be welcomed not only by EU criminal law scholars, but also by practitioners, judges and policymakers.>

Auteur
Jacob Oberg is a Full Professor of European Union Law at the Law Department at the University of Southern Denmark, Guest Professor in EU law at Örebro University and a Visiting Fellow at Lund University. He previously held positions as Associate Professor in EU law at Örebro University (where he acted as Deputy Head of Department) and as a Postdoctoral Fellow in law at Lund University. Jacob Öberg earned his PhD in European Law from the European University Institute in Florence (2014). His research interests lie primarily in EU constitutional law and EU criminal law, including; (1) multidisciplinary and contextual perspectives on EU law, (2) theories of EU integration (3) the federal dimension of EU law, and (4) the Union's criminal policy and its development under the Lisbon Treaty. He has published widely in these areas in journals such as European Law Review, European Constitutional Law Review, Yearbook of European Law, and European Law Journal. He is a member of the Scientific Committee of the European Law Journal.

Contenu

Part I EU Criminal Justice Context, Development and Justifications

1. Introduction
2. The Justifications for EU Intervention in Criminal Law

Part II Rationale for EU Harmonisation of National Criminal Law

3. Mutual Recognition as a Justification for EU Action
4. The Cross-Border Criterion as a Justification for EU Action in Domestic Criminal Law and Procedure

Part III Powers, Limits and Justifications for EU Criminal Justice Agencies

5. The Justification for a European Public Prosecutor
6. Eurojust Powers, Limits and Justifications
7. The Constitutional and Normative Justification for a European FBI
8. Conclusions and Reflections