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EU Harmonisation of Norms Regulating Detention: Is EU Competence (Art. 82(2)b TFEU) Fit for Purpose?

Wieczorek, Irene

EU Harmonisation of Norms Regulating Detention: Is EU Competence (Art. 82(2)b TFEU) Fit for Purpose? Thumbnail


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Abstract

The EU has acquired the competence to harmonise individual rights in the field of criminal procedure (Art. 82(2)b TFEU). This was hailed as a positive development helping redress the unbalance towards a too security-oriented development of the Area of Freedom Security and Justice. This article discusses the breath of this competence and designs an analytical framework illustrating what requirements need taking into account to legitimate EU regulatory action in the field of detention. It argues that the wording of the provision, especially its utilitarian framing, strongly limits its potential for the EU to act in at least two areas, compensation for unjust detention and material detention conditions.

Citation

Wieczorek, I. (2022). EU Harmonisation of Norms Regulating Detention: Is EU Competence (Art. 82(2)b TFEU) Fit for Purpose?. European Journal on Criminal Policy and Research, 28(3), 465-481. https://doi.org/10.1007/s10610-022-09521-x

Journal Article Type Article
Acceptance Date Jun 16, 2022
Online Publication Date Jul 29, 2022
Publication Date 2022-09
Deposit Date Aug 9, 2022
Publicly Available Date Mar 14, 2023
Journal European Journal on Criminal Policy and Research
Print ISSN 0928-1371
Electronic ISSN 1572-9869
Publisher Springer
Peer Reviewed Peer Reviewed
Volume 28
Issue 3
Pages 465-481
DOI https://doi.org/10.1007/s10610-022-09521-x

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This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.




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