A case of "nested enforcement": Article 83(2) TFEU, compliance and the Area of Freedom, Security and Justice post-Lisbon

Date

2016

Advisors

Journal Title

Journal ISSN

ISSN

Volume Title

Publisher

Edward Elgar

Type

Book chapter

Peer reviewed

Yes

Abstract

Article 83(2) TFEU confers legislative competence upon the EU to require Member States to use criminal law means to ensure the effective implementation of Union policies. The paper uses Anthony Bottoms' typology of compliance (2002) to analyse and reflect upon the enforcement mechanism that is involved in this so-called "annex competence" and considers the implications in terms of the potential for Article 83(2) to promote the constitutionalisation of the Union.

Description

Keywords

EU law, criminal competence, Area of Freedom, Security and Justice, Article 83(2) TFEU, compliance theory, effective enforcement, constitutionalisation

Citation

Baker, E. (2016) 'A case of "nested enforcement": Article 83(2) TFEU, compliance and the Area of Freedom, Security and Justice post-Lisbon. In: S. Drake and M. Smith (eds) New Directions in Effective Enforcement of EU Law, Cheltenham: Edward Elgar, pp. 256-284

Rights

Research Institute

Centre for Law, Justice and Society