Exit, Voice and Consensus- A Legal and Political Analysis of the Emergency Brake in EU Criminal Policy
This article presents a political and legal analysis of the emergency brake in criminal law in Articles 82(3) and 83(3) TFEU. It suggests that the emergency brake offers a powerful discretionary prerogative for Member States seeking to protect the integrity of their criminal justice systems. This strong legal shield for Member States in the form of a ‘quasi-veto’ is contrasted with a tendency to d