Edited by Sara Drake and Melanie Smith
Chapter 10: A case of ‘nested enforcement’: Article 83(2) TFEU, compliance and the Area of Freedom, Security and Justice post-Lisbon
AbstractThis chapter explores the new (codified) competence of the EU set out in Article 83(2) TFEU which enables criminal sanctions to be introduced at EU level in order to render its harmonizing policies more effective. The chapter focuses on the role of this new competence in the enforcement of EU law and policy by drawing upon criminology to fashion a theoretical understanding of legal compliance. It proposes that since the exercise of this competence will operate not with a single dose of enforcement, but upon a process that relies upon a series of episodes, involving a range of actors, at multiple governmental levels, it can be understood as entailing a vertical concept of 'nested enforcement'.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.