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‘The principle of subsidiarity and the harmonisation of national criminal procedure’
Örebro University, School of Law, Psychology and Social Work, Örebro University, Sweden.ORCID iD: 0000-0002-0293-9199
2014 (English)Conference paper, Abstract (Other academic)
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
2014.
Keyword [en]
Subsidiarity, EU procedural criminal law, competences, cross-border criterion
National Category
Law and Society Law (excluding Law and Society)
Research subject
European Law; Criminal Law; Legal Science
Identifiers
URN: urn:nbn:se:oru:diva-43746OAI: oai:DiVA.org:oru-43746DiVA: diva2:796369
Conference
European Criminal Policy Initiative conference, A Manifesto for European Criminal Procedure Law, Stockholm, Sweden, June 12-13, 2014
Projects
Subsidiarity and EU procedural criminal law
Available from: 2015-03-19 Created: 2015-03-19 Last updated: 2015-05-12Bibliographically approved

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Jacob, Öberg
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CiteExportLink to record
Permanent link

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Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
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  • asciidoc
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