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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
In the year of 2000, the ECJ delivered a well-known judgement among European lawyers, Angonese, which indeed recognised horizontal direct effect of community law among private parties in the field of free movement of workers. The ECJ thus held that a job applicant could sue a private bank before the national court on the basis of the prohibition of discrimination in Article 39 of the EC Treaty. Co
The essential purpose of this article is to provide for an examination and critical analysis of the concept of horizontal direct effect in the field of free movement of workers, in particular to analyse in what manner the ECJ legally justified the recognition of this concept in relation to Article 39
The demographic shift is fast becoming a global challenge and an important public health concern. The proportion of people over 65 years is currently 10% around the world, but it is expected to rise to 22% by the year 2050 [1]. Populations ageing rapidly is widely seen as one of the most powerful transformative forces affecting society over the next four decades [1–4]. The ageing population is pro
Crisis preparedness planning work can be characterized as complex and challenging being performed in large public organizations requiring communication and cooperation with many people. This paper reports on a bottom-up study investigating the pre-requisites for efficient crisis preparedness work, as well as motivational factors for implementing crisis preparedness decisions, which might be studie
The aim of the Massive Open Online Course (MOOC) ‘Work and Technology on Human Terms’ was to be a modern, highly accessible study material in Ergonomics/Work science to contribute to safer and healthier workplaces. The course targets engineering students, but also students in economics, human relations, physiotherapy, occupational health, as well as professionals. The purpose of this paper is to d
This paper describes the results of the conceptual and practical strategy work performed by the Swedish Ergonomics and Human Factors Society (EHSS) today. The rationale of EHSS is to strengthen the quality of ergonomics/human factors knowledge and practice in Sweden and form a multidisciplinary platform across disciplines and professions for collaboration and for knowledge sharing. EHSS gathers ab
The Massive Open Online Course (MOOC) ‘Work and Technology on Human Terms’ (www.onhumanterms.org ) was launched in July 2017 with the aim to contribute to safer and healthier workplaces by increasing the knowledge about how products, systems, and work organizations can be designed on human terms. The purpose of this paper is to present the results of a first evaluation of the MOOC. The online cour
