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

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.