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This article examines how subsidiarity can limit the exercise of EU competence. It suggests that the problems of reconstructing subsidiarity cannot be seen in isolation from the issue of judicial review. In a substantive sense it contends that subsidiarity can be reconceptualised as a principle that challenges the internal market justification for exercise of Union competences. It argues for a nar
Artikeln behandlar Sture Bolin (1900-1963) både som historiker och politiker med särskild betoning av hans engagemang i Sveriges nationella förbund.
The frequent mounting and dismounting the tractor required by many farming operations increases the risk of falls, particularly for older farmers. The present study explored the risk factors related to tractor ingress and egress in older farmers from two countries with a different tradition in terms of safety culture: Sweden and Italy. Eighteen male farmers aged 65 + (8 from Skåne region, southern
Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in che
This chapter constructs an argument as to how legal differences should be addressed in the development of EU criminal policy. More particularly, it considers whether the internal market justification for harmonization of EU criminal law under Article 83 (2) TFEU is defensible. If legal diversity and subsidiarity are taken seriously there must be some limit to criminal law harmonization arguments f
The question posed by this report is how limits can be constructed to the exercise of EU powers. While there are limits to the exercise of EU competences in the Treaties and in the Court of Justice’s jurisprudence, it is argued that those limits suffer from conceptual and practical problems. In particular, the Court does not have appropriate criteria to examine whether the limits of the Treaties h
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
This article examines how the ‘essentiality’ requirement can limit the exercise of the EU’s criminal law competence under Article 83(2) TFEU. Building on criminological research, and contextual and principled considerations, it argues for an evidence-based approach to the ‘essentiality’ criterion. It sustains that the Union legislator must show by empirical proof that criminal laws are more ‘effec
Drawing on general criminological research and literature on enforcement, the article comprehensively examines whether it is 'essential' to employ imprisonment sanctions in the enforcement of market abuse regulations. The article takes an evidence-based and comparative approach to the question of sanctions and compares the effectiveness of criminal laws with other types of sanctions. It is envisag
Action-based payments that compensate farmers for adopting land-management measures to preserve and en- hance the environment have been criticized for being ineffective. The root of the problem is that farmers are not paid for achieving a desired environmental benefit, but compensated for their costs of management. There is growing interest in formulating result-based economic incentives. By payin
This Article reviews how we should define criminal sanctions in EU law. The debate on the proper meaning of ‘criminal sanctions’ has in the first place received strong impetus in EU law, due to the newly gained competences of the Union in criminal law after the ratification of the Lisbon Treaty. The second reason for the fuelling of a debate on the meaning of criminal sanctions is related to the E
The subject matter of this paper is to unravel the ‘federal’ nature of proportionality in Union law. Does the principle of proportionality work as a safeguard of federalism or is it merely a legal tool for the Court to further market integration beyond the limits of the Treaty? If federalism refers to how powers are balanced and allocated between the central government and its constituent parts, i
The core aim of this Article is to analyse whether it was an appropriate decision from a criminal policy perspective to adopt the Environmental Crime Directive. The Article asks the basic question whether the Union should enforce Union environmental law by means of criminal sanctions. In this regard it is claimed that, according to the principle of ultima ratio, the Union legislator may only requi
This article analyse the scope of the Union’s regulatory criminal law competence subsequent to the ratification of the Lisbon Treaty. The article is primarily focused on examining what legal limitations that can be imposed on the Union’s competence to impose criminal penalties under the new legal basis in Article 83(2) TFEU. In particular, the article examines in detail whether criminal sanctions
EU criminal law is a controversial area of Union law. It is quite clear that the founding fathers of the Rome Treaty conceived the Union to primarily constitute an economic space where Member States originally had no intention to transfer their sovereignty in the field of criminal law. Despite this, it is clear that the Union subsequent to the Lisbon Treaty have gained a specific competence to leg
Den 4 november 2009 röstade riksdagen igenom propositionen om genomförandet av Europaparlamentets och rådets direktiv om tjänster på den inre marknaden (2006/123/EG) (”tjänstedirektivet1”). Lagändringarna trädde i kraft den 27 december 2009. Detta innebär att det har införts en ny lag som avser att förverkliga det hett omdiskuterade tjänstedirektivet.Författaren avser i artikeln att tillhandahålla
The Chapter provides practical advice for lawyers conducting fraud investigations in Sweden. The Chapter accounts for the relevant international and national Swedish rules in relation to internal investigation of suspected frauds. It suggests that while there are several methods of gathering evidence and successfully conducting such an investigation, there are a number of rules that need to be adh
