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Subsidiarity and EU Procedural Criminal Law
Örebro University, School of Law, Psychology and Social Work, Örebro University, Sweden.ORCID iD: 0000-0002-0293-9199
2015 (English)In: European Criminal Law Review, ISSN 2191-7442, Vol. 5, no 1, 19-45 p.Article in journal (Refereed) Published
Abstract [en]

This article examines how subsidiarity can limit the exercise of EU procedural criminal law competence. It argues for a narrow understanding of subsidiarity, suggesting that EU procedural criminal law legislation can only be directed at problems which are of a cross-border nature. By analysing a specific piece of EU legislation, the new Victims Directive, it is shown how the subsidiarity principle can be enforced. The article sustains that the Victims Directive can be criticised on subsidiarity grounds as the directive fails to adequately account for the link between victim rights and the application of the principle of mutual recognition, since the directive fails to explain properly the need to regulate local victim rights. The article also draws some broader reflections on the justifications for EU harmonization. It is argued that EU initiatives in procedural criminal law have not primarily been driven by the need to facilitate mutual recognition and free movement but rather motivated by a general concern to deliver a common European sense of justice. Whilst this approach from the EU legislator can be justified from a moral perspective, it flies in the face of the idea that decisions should be taken as closely as possible in respect of citizens.

Place, publisher, year, edition, pages
Oxford: Hart Publishing Ltd, 2015. Vol. 5, no 1, 19-45 p.
Keyword [en]
Subsidiarity, EU criminal law, EU law, competences
National Category
Law (excluding Law and Society) Law and Society
URN: urn:nbn:se:oru:diva-43747DOI: 10.5771/2193-5505-2015-1-19OAI: diva2:796371
European Criminal Policy Initiative conference, A Manifesto for European Criminal Procedure Law, Stockholm, 12 June, 2014
Subsidiarity and EU criminal law
Available from: 2015-03-19 Created: 2015-03-19 Last updated: 2016-08-10Bibliographically approved

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Jacob, Öberg
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