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All Outputs (9)

The emerging role of the EU as a primary normative actor in the EU Area of Criminal Justice (2023)
Journal Article
Wieczorek, I. (2023). The emerging role of the EU as a primary normative actor in the EU Area of Criminal Justice. European Law Journal: Review of European Law in Context, 27(4-6), 378-407. https://doi.org/10.1111/eulj.12450

This article explores the role and justifications for EU action in the EU Area of Criminal Justice, also relying on a comparison with the justifications for EU action in the internal market. It distinguishes between a role for the EU as a subsidiary... Read More about The emerging role of the EU as a primary normative actor in the EU Area of Criminal Justice.

EU Harmonisation of Norms Regulating Detention: Is EU Competence (Art. 82(2)b TFEU) Fit for Purpose? (2022)
Journal Article
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

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

The European Parliament as a defender of EU values in EU-Japan agreements: what role for soft law and hard law powers? (2022)
Journal Article
Fahey, E., & Wieczorek, I. (2022). The European Parliament as a defender of EU values in EU-Japan agreements: what role for soft law and hard law powers?. European law review, 47(3), 331-352

This article investigates to what extent the European Parliament (hereafter the Parliament) acted as an advocate for EU values in the development of EU-Japan relations, through which legal tools, if hard law or soft law powers, and with what legal ou... Read More about The European Parliament as a defender of EU values in EU-Japan agreements: what role for soft law and hard law powers?.

What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant 2020 (2020)
Journal Article
Wieczorek, I., & Yanhong, Y. (2020). What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant 2020. New Journal of European Criminal Law, 11(4), 504-523. https://doi.org/10.1177/2032284420972190

This article provides an analysis of the bill proposed in 2019 to amend Hong Kong Fugitive Offenders Ordinance (FOO), Hong Kong domestic legislation on extradition. The FOO Amendment Bill introduced the possibility of, and detailed the conditions for... Read More about What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant 2020.

Norm diffusion as a tool to uphold and promote EU values and interests: A case study on the EU Japan Mutual Legal Assistance Agreement (2020)
Journal Article
Weyembergh, A., & Wieczorek, I. (2020). Norm diffusion as a tool to uphold and promote EU values and interests: A case study on the EU Japan Mutual Legal Assistance Agreement. New Journal of European Criminal Law, 11(4), 439-466. https://doi.org/10.1177/2032284420938140

The article takes the European Union (EU)-Japan Mutual Legal Assistance (MLA) Agreement as a case study to analyse the EU success in pursuing its art 3(5) TEU mandate of upholding and promoting its values and interests; and to what extent the EU effe... Read More about Norm diffusion as a tool to uphold and promote EU values and interests: A case study on the EU Japan Mutual Legal Assistance Agreement.

EU constitutional limits to the Europeanization of punishment: A case study on offenders’ rehabilitation (2018)
Journal Article
Wieczorek, I. (2018). EU constitutional limits to the Europeanization of punishment: A case study on offenders’ rehabilitation. Maastricht Journal of European and Comparative Law, 25(6), 655-671. https://doi.org/10.1177/1023263x18820692

This article aims to contribute to the debate on the functions and limits of cross-border punishment. It uses two existing FDs as case studies, namely on Transfer of Prisoners (2008/909) and on Transfer of Probationers (2008/947). These texts include... Read More about EU constitutional limits to the Europeanization of punishment: A case study on offenders’ rehabilitation.

The EPPO Draft Regulation Passes the First Subsidiarity Test: An Analysis and Interpretation of the European Commission's Hasty Approach to National Parliaments’ Subsidiarity Arguments (2015)
Journal Article
Wieczorek, I. (2015). The EPPO Draft Regulation Passes the First Subsidiarity Test: An Analysis and Interpretation of the European Commission's Hasty Approach to National Parliaments’ Subsidiarity Arguments. German law journal, 16(5), 1247-1270. https://doi.org/10.1017/s2071832200021118

This contribution discusses National Parliaments’ subsidiarity objections raised in the context of the Early Warning Mechanism (EWM) to the European Public Prosecutor Office proposal, and the European Commission response to them. It argues that Natio... Read More about The EPPO Draft Regulation Passes the First Subsidiarity Test: An Analysis and Interpretation of the European Commission's Hasty Approach to National Parliaments’ Subsidiarity Arguments.