Federal dimension of EU Law

This project aims to shed light on how the powers are divided between the Member States and the Union. It examines in particular how the Court of Justice and other actors contributes to shape this relationship. The project also takes a normative approach and considers how the Court and the other EU institutions ought to address those questions given the structure of the EU legal order. The research so far is critical to how the EU institutions have addressed this issue suggesting that there is a tendency to adopt a 'centralising' approach to EU competences at the cost of legitimate national diversity. Part of the theoretical framework for this project was published in an article titled ' The Legal Basis for EU Criminal Law Legislation- A Question of Federalism?' in the June issue of  European Law Review (2018). As a specific strand of this research I am extensively looking at subsidiarity as a safeguard of federalism. Within the scope of this study I am examining both the EU's substantive and procedural criminal law competence as well as general internal market law. It addresses both political and judicial control of subsidiarity as well as theoretical aspects of the subsidiarity principle. Arguing that EU legislation should only be adopted to correct or remedy transnational market failures or to protect cross-border interests, the result of this research is critical to whether the EU legislator to a sufficient degree has taken into account the subsidiarity principle when proposing legislation.  My most recent article on subsidiarity linked to this part of the project is titled ' National Parliaments and Political Control of EU Competences- A Sufficient Safeguard of Federalism ' was published  in the November issue of European Public Law (2018).

Publications:

J Öberg ‘National Parliaments and Political Control of EU Competences— A Sufficient Safeguard of Federalism? ’ (2018) 24 European Public Law 695.

J Öberg ’The Legal Basis for EU Criminal Law Legislation—A Question of Federalism?’ (2018) 43 European Law Review 366

J Öberg ‘The Rise Of The Procedural Paradigm- Judicial Review Of EU Legislation In Vertical Competence Disputes’ (2017)13 European Constitutional Law Review 248

J Öberg,  Limits to EU Powers: A Case Study of Regulatory Criminal Law (Hart Publishing, 2017)

J Öberg ’ Subsidiarity as a Limit to the Exercise of EU Competences’ (2017) 36 Yearbook of European Law 391

 J Öberg ‘Legal Diversity, Subsidiarity and the Case for Harmonization of EU Criminal Law’ i Renaud Colson och Stewart Field (red), EU Criminal Justice and the Challenges of Legal Diversity (Cambridge University Press, 2016) 106-124

J Öberg, Limits to EU Powers: A case study on individual criminal sanctions for the enforcement of EU law, (2014), defended 26 September 2014 at European University Institute, Florens, 258 pp.