CHALLENGES AND OPPOSITIONS OF EUROPEAN UNION’S AND MEMBER STATES’ COMPETENCES IN POLICE AND CRIMINAL MATTERS RELATED TO THE AREA OF FREEDOM SECURITY AND JUSTICE OF THE EUROPEAN UNION

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MOMENIRAD AHMAD; BAGHERI FARHAD

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2017 | Volume:47 | Issue:3 Page(s): 689-706

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Title

CHALLENGES AND OPPOSITIONS OF EUROPEAN UNION’S AND MEMBER STATES’ COMPETENCES IN POLICE AND CRIMINAL MATTERS RELATED TO THE AREA OF FREEDOM SECURITY AND JUSTICE OF THE EUROPEAN UNION

Author(s)

MOMENIRAD AHMAD | BAGHERI FARHAD | Issue Writer Certificate

Keywords

CRIMINAL MATTERSQ1

MEMBER STATESQ1

PRINCIPLE OF CONFERRALQ1

PRINCIPLE OF SUBSIDIARITYQ1

Abstract

After the treaty of Lisbon, the structure of the pillars of the European Union was abandoned. European community emerged into European Union and the single institutional framework was established. But the function of the other two pillars continues. One of the pillars is the police and judicial co- operation in CRIMINAL MATTERS which merged into the area of freedom security and Justice of the EU. Structure of this area is intergovernmental. Police and CRIMINAL MATTERS are interrelated to the communities of the MEMBER STATES’ public order. Thus, states has refrained to confer vast powers in this area upon the EU. While they have relinquished from huge content of their sovereignty and powers of their own in other policies and matters of EU and conferred them upon it. Criminal and police policies in EU aim to combat with impunity of criminals and escape from justice because of lenient legal systems of some MEMBER STATES, to protect people rights and even the criminals. Thus the EU has attempted to lay down minimum regulations, so as refrain from aggression to the states sovereignty as well as guaranteeing the EU objectives. This contribution intends to, in an analytic- descriptive manner, explore the interaction and opposition of EU’s and MEMBER STATES’ competences, and analyze the role of states’ sovereignty in minimum legislative acts, and shape readers’ thinking by offering a concise summary of ECJ practice, structure, function and agencies of the Area of FSJ, and finally conclude that fundamental differences between definition of public order and opinions about sovereignty of states have been caused measures and decisions in this area, possess basis and minimum features.

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APA: Copy

MOMENIRAD, AHMAD, & BAGHERI, FARHAD. (2017). CHALLENGES AND OPPOSITIONS OF EUROPEAN UNION’S AND MEMBER STATES’ COMPETENCES IN POLICE AND CRIMINAL MATTERS RELATED TO THE AREA OF FREEDOM SECURITY AND JUSTICE OF THE EUROPEAN UNION. PUBLIC LAW STUDIES QUARTERLY, 47(3 ), 689-706. SID. https://sid.ir/paper/251178/en

Vancouver: Copy

MOMENIRAD AHMAD, BAGHERI FARHAD. CHALLENGES AND OPPOSITIONS OF EUROPEAN UNION’S AND MEMBER STATES’ COMPETENCES IN POLICE AND CRIMINAL MATTERS RELATED TO THE AREA OF FREEDOM SECURITY AND JUSTICE OF THE EUROPEAN UNION. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2017;47(3 ):689-706. Available from: https://sid.ir/paper/251178/en

IEEE: Copy

AHMAD MOMENIRAD, and FARHAD BAGHERI, “CHALLENGES AND OPPOSITIONS OF EUROPEAN UNION’S AND MEMBER STATES’ COMPETENCES IN POLICE AND CRIMINAL MATTERS RELATED TO THE AREA OF FREEDOM SECURITY AND JUSTICE OF THE EUROPEAN UNION,” PUBLIC LAW STUDIES QUARTERLY, vol. 47, no. 3 , pp. 689–706, 2017, [Online]. Available: https://sid.ir/paper/251178/en

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