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Baker, Estella --- "A case of ‘nested enforcement’: Article 83(2) TFEU, compliance and the Area of Freedom, Security and Justice post-Lisbon" [2016] ELECD 686; in Drake, Sara; Smith, Melanie (eds), "New Directions in the Effective Enforcement of EU Law and Policy" (Edward Elgar Publishing, 2016) 256

Book Title: New Directions in the Effective Enforcement of EU Law and Policy

Editor(s): Drake, Sara; Smith, Melanie

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718688

Section: Chapter 10

Section Title: A case of ‘nested enforcement’: Article 83(2) TFEU, compliance and the Area of Freedom, Security and Justice post-Lisbon

Author(s): Baker, Estella

Number of pages: 29

Abstract/Description:

This 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'.