Publication detailsAnnegret Engel (2012). Retained Distinctiveness in the Integrated Third Pillar: Safeguarding Member States' Competences in the European Criminal Law Sphere. 'Deconstructing EU Federalism through Competences', EUI Working Paper LAW 2012/06 39-49.
- Publication type: Journal papers: online
- ISSN/ISBN: 1725-6739
- Keywords: Title V TFEU, Criminal law, Legal basis litigation, Member States’ competences, Case C-130/10
- View online: Online version
Author(s) from Durham
The incorporation of former third pillar provisions into the realm of supranational EU law under the TFEU has not led to an entire abolishment of intergovernmental features within the area of freedom, security and justice. Instead, the Treaty of Lisbon has preserved some of its distinctive characteristics in Title V TFEU in favour of Member States’ competences. However, non-Title-V provisions may still encroach upon those provisions available under Title V TFEU and thus jeopardise the latter’s application. Thus, in order to safeguard Member States’ competences from such a scenario special protection mechanisms may have to be established which can preserve the distinct character of EU
criminal law after Lisbon.