Jacob Öberg

The Normative Foundations for Integrated EU Criminal Justice: Powers, Limits and Justifications

Should the EU legislate in the field of criminal law? The answer to this fundamental question is not self-evident. Not long time ago, criminal law fell entirely outside the European integration project. Today, the EU enjoys extensive powers in the field, including competences to harmonise domestic criminal law and to engage in operational law enforcement activities via Europol, Eurojust and the European Public Prosecutor’s Office. Whereas increasingly relevant for combatting cross-border crime, the exercise of any public power in the field of criminal law entails severe consequences for individuals. Also, the EU’s legislative activity can be perceived as a threat to member state sovereignty. The overall aim of the Project is to investigate whether there exist compelling normative justifications to justify such significant alterations in national criminal justice systems that the EU’s legislative activity entails. The Project synthesises the applicant’s previous work on the limits of the EU’s powers in the field of criminal law and seeks to complete ongoing work on a monograph planned to be published with a leading international publisher. It aims to make a significant contribution to the academic and political debate on EU criminal policy by offering the first-ever comprehensive and integrated normative framework for assessing the rationale for EU action in criminal law.
Final report
RJ SABBATICAL PROJECT- SCIENTIFIC REPORT

The funds have primarily been used to finance a one-year research stay abroad at the University of Amsterdam (UvA) where I was a visiting researcher for a year.
With the help of funding, I have managed to consolidate my research networks in the Netherlands and managed to start a completely new research project together with Prof Jannemieke Ouwerkerk, Prof Jeroen den Voorde and Dr Konstantinos Zoumpoulakis (all Leiden University), "Criminalisation and its Limits: Revisiting Public Goods and Legal Interests in Domestic and Transnational Criminal Law which will culminate in the publication of an edited anthology with Brill in 2025.

My primary output from the project is a monograph with Hart Publishing entitled "Normative Foundations of EU Criminal Law: Powers, Limits and Justifications" which was published in the prestigious series Modern Studies of European Law on 13 June 2024 with open access.

In addition, with the help of the project funding, I managed to publish as a guest editor with Prof Valsamis Mitsilegas a special theme issue in the European Law Journal titled" Normative Foundations of European Criminal Law' in 2023. In this special issue I also published an article "'Normative justifications of EU criminal law: European public goods and transnational interests'” which summarized the key points from the project.

I have presented the project and articles and the book from the project on many occasions in the Netherlands (in Leiden, Amsterdam, Nijmegen and Maastricht) but also online, in Sweden and in Great Britain (Liverpool), Spain (Malaga) during 2023 and 2024. The most important output of my research activities in the Netherlands was the organization of the international conference "Revisiting Legal Interests and Public Goods in Criminal Law" organized at Leiden University between 22 and 23 June 2023.

My recently published Hart monograph has already been presented on four occasions in 2024 and will be presented two more times during the autumn.


Kind regards

Jacob
Grant administrator
Örebro University
Reference number
SAB21-0010
Amount
SEK 1,979,000
Funding
RJ Sabbatical
Subject
Law and Society
Year
2021