Jacob Öberg

Postdoktor, Docent

Forskning

I have taught as a Guest Lecturer in Stockholm and Uppsala University and am currently engaged as a Postdoctoral Fellow/Associate Professor in Law at Lund University, Faculty of Law, My research interests lie primarily in EU criminal law, EU constitutional law, and general criminal law. I defendedmy doctoral thesis, entitled 'Limits of EU powers - a case study of individual criminal sanctions in the enforcement of EU law' on 26 September 2014 at the European University Institute. After defence I was offered a contract with Hart Publishing to publish a revised version of this thesis as a monograph. This monograph titled ' Limits to EU Powers- a case study of EU regulatory criminal law, examines the limits of EU competences with particular references to European Union criminal law (Oxford, Hart Publishing, 2017). I have furthermore published widely on those topics in journals such as European Public Law, European Law Review, European Constitutional Law Review, Yearbook of European Law, Journal of Corporate Law Studies,  New Journal of European Criminal Law and European Journal of Crime, Criminal Law and Criminal Justice as well as book chapters in edited volumes published by Cambridge University Press and Brill Publishers.
 
 
I am currently engaged in three different projects:
 
1. Subsidiarity as a Constraint to the Exercise of EU Competences.  I am currently working on a research project on how the subsidiarity principle in EU law can restrain the exercise of EU's competences with a particular focus on EU criminal law. Within the scope of this study I am examining both the EU's substantive and procedural criminal law competence as well as general internal market law. It addresses both political and judicial control of subsidiarity as well as theoretical aspects of the subsidiarity principle. Arguing that EU legislation should only be adopted to correct or remedy transnational market failures or to protect cross-border interests, the result of this research is critical to whether the EU legislator to a sufficient degree has taken into account the subsidiarity principle when proposing legislation.  A recently published article linked to this project, titled ' National Parliaments and Political Control of EU Competences- A Sufficient Safeguard of Federalism ' was published  in the November issue of European Public Law (2018).


2. Federalism in the European Union: This project aims to shed light on how the powers are divided between the Member States and the Union. It examines in particular how the Court of Justice and other actors contributes to shape this relationship. The project also takes a normative approach and considers how the Court and the other EU institutions ought to address those questions given the structure of the EU legal order. The research so far is critical to how the EU institutions have addressed this issue suggesting that there is a tendency to adopt a 'centralising' approach to EU competences at the cost of legitimate national diversity. My most recent article pertaining to this project, titled ' The Legal Basis for EU Criminal Law Legislation- A Question of Federalism?' was published  in the June issue of  European Law Review (2018).
 
3. Constitutional Foundations of EU Criminal Procedural Law:  
This project addresses the EU's policy in the field of proceduralcriminal law. It critically analyse the scope and limits of EU competencesin the field, with a particular focus on domestic criminal procedure, Article82(2) TFEU, and the EU's competences to establish and reinforce EU agencies tofight against transnational crime, Article 85 and Article 86 TFEU. This is aseriously under-researched area which deserves comprehensive attention as it is evolving into a central field of EU policy with intense legislative activity. Itis envisaged that the project will culminate in a shorter monograph or 4-5 standalone articles in leading international journals. An introductory articleto the project, titled 'EU Procedural Criminal Law After Lisbon' was recently published in an anthology, EU Criminal Justice-Policy and Prospects (Brill, 2019) that I am co-editing.

Undervisning

Senaste forskningsoutput

Jacob Öberg, 2019 mar 21, The Future of EU Criminal Justice Policy and Practice: Legal and Criminological Perspecives. Ouwerkerk, J., Altena, J., Öberg, J. & Miettinen, S. (red.). Leiden: Brill Academic Publishers, s. 225-254 30 s. (European Criminal Justice Series; vol. 1).

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Ouwerkerk, J., Altena, J., Jacob Öberg & Miettinen, S., 2019 mar 21, The Future of EU Criminal Justice Policy and Practice : Legal and Criminological Perspectives. Ouwerkerk, J., Altena, J., Öberg, J. & Miettinen, S. (red.). Leiden: Brill Academic Publishers, s. 1-12 12 s. (European Criminal Justice Series; vol. Volume 1).

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Ouwerkerk, J. (red.), Altena, J. (red.), Jacob Öberg (red.) & Miettinen, S. (red.), 2019 mar 21, Hague: Brill Academic Publishers. 262 s. (European Criminal Justice Series; vol. 1)

Forskningsoutput: Bok/rapportAntologi (redaktör)

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