Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Standard

Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice. / Engel, Annegret.

The Governance of Criminal Justice in the European Union: Transnationalism, Localism and Public Participation in an Evolving Constitutional Order. red. / Ricardo Pereira; Annegret Engel; Samuli Miettinen. Cheltenham : Edward Elgar Publishing, 2020. s. 39-55.

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Harvard

Engel, A 2020, Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice. i R Pereira, A Engel & S Miettinen (red), The Governance of Criminal Justice in the European Union: Transnationalism, Localism and Public Participation in an Evolving Constitutional Order. Edward Elgar Publishing, Cheltenham, s. 39-55. https://doi.org/10.4337/9781788977296.00009

APA

Engel, A. (2020). Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice. I R. Pereira, A. Engel, & S. Miettinen (Red.), The Governance of Criminal Justice in the European Union: Transnationalism, Localism and Public Participation in an Evolving Constitutional Order (s. 39-55). Edward Elgar Publishing. https://doi.org/10.4337/9781788977296.00009

CBE

Engel A. 2020. Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice. Pereira R, Engel A, Miettinen S, redaktörer. I The Governance of Criminal Justice in the European Union: Transnationalism, Localism and Public Participation in an Evolving Constitutional Order. Cheltenham: Edward Elgar Publishing. s. 39-55. https://doi.org/10.4337/9781788977296.00009

MLA

Engel, Annegret "Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice"., Pereira, Ricardo Engel, Annegret Miettinen, Samuli (redaktörer). The Governance of Criminal Justice in the European Union: Transnationalism, Localism and Public Participation in an Evolving Constitutional Order. Kapitel 3, Cheltenham: Edward Elgar Publishing. 2020, 39-55. https://doi.org/10.4337/9781788977296.00009

Vancouver

Engel A. Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice. I Pereira R, Engel A, Miettinen S, redaktörer, The Governance of Criminal Justice in the European Union: Transnationalism, Localism and Public Participation in an Evolving Constitutional Order. Cheltenham: Edward Elgar Publishing. 2020. s. 39-55 https://doi.org/10.4337/9781788977296.00009

Author

Engel, Annegret. / Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice. The Governance of Criminal Justice in the European Union: Transnationalism, Localism and Public Participation in an Evolving Constitutional Order. redaktör / Ricardo Pereira ; Annegret Engel ; Samuli Miettinen. Cheltenham : Edward Elgar Publishing, 2020. s. 39-55

RIS

TY - CHAP

T1 - Opting in or opting out?

T2 - The EU’s variable geometry in the area of freedom, security and justice

AU - Engel, Annegret

PY - 2020/12/11

Y1 - 2020/12/11

N2 - The EU’s provisions on cooperation in criminal matters have long allowed for greater flexibility than in other (less sensitive) policy areas. Despite their formal integration into the realm of supranational law under the Lisbon Treaty, they remain subject to some intergovernmental features which are being preserved from the previous pillar structure pre-Lisbon. In particular, this includes opt-outs from certain measures for Member States on the one hand, as well as the possibility of “opt-ins” by means of agreements concluded with non-Member States on the other hand, thus leading to a rather fragmented European landscape in matters of criminal law cooperation. This Chapter analyses the specific legal bases allowing for differentiated integration in the area of freedom, security and justice as well as the advantages and disadvantages of the various approaches and how these may or may not achieve the overarching objectives of the Union in this area. One of the main questions will be whether the current legal framework would allow for a more harmonised approach, thus providing a discussion of overlapping legal bases and the resulting legal basis litigation.

AB - The EU’s provisions on cooperation in criminal matters have long allowed for greater flexibility than in other (less sensitive) policy areas. Despite their formal integration into the realm of supranational law under the Lisbon Treaty, they remain subject to some intergovernmental features which are being preserved from the previous pillar structure pre-Lisbon. In particular, this includes opt-outs from certain measures for Member States on the one hand, as well as the possibility of “opt-ins” by means of agreements concluded with non-Member States on the other hand, thus leading to a rather fragmented European landscape in matters of criminal law cooperation. This Chapter analyses the specific legal bases allowing for differentiated integration in the area of freedom, security and justice as well as the advantages and disadvantages of the various approaches and how these may or may not achieve the overarching objectives of the Union in this area. One of the main questions will be whether the current legal framework would allow for a more harmonised approach, thus providing a discussion of overlapping legal bases and the resulting legal basis litigation.

KW - EU law

KW - criminal law cooperation

KW - variable geometry

KW - opt-outs

KW - legal basis litigation

KW - Brexit

KW - EU-rätt

U2 - 10.4337/9781788977296.00009

DO - 10.4337/9781788977296.00009

M3 - Book chapter

SN - 9781788977289

SP - 39

EP - 55

BT - The Governance of Criminal Justice in the European Union

A2 - Pereira, Ricardo

A2 - Engel, Annegret

A2 - Miettinen, Samuli

PB - Edward Elgar Publishing

CY - Cheltenham

ER -