Utrecht University School of Law is looking for a PhD candidate for a four-year PhD research project on the approximation of the laws of the EU Member States in criminal matters and minimum rules in the EU’s Area of Freedom, Security and Justice.
Your job European enforcement integration without a level playing field of common norms, customs, and enforcement practices is a utopia. Yet, the level and degree of approximation of criminal systems touches upon the very essence and nature of the EU. Clearly, some degree of level playing field is necessary to promote European values, for enforcement cooperation, and in support of EU policies. But what is the required level? What level of approximation is legitimate?
This project aims to contribute to this debate by analysing the concept and role of ‘minimum rules’. Under the Lisbon Treaty, the EU may establish ‘minimum rules’ in specific areas of substantive and procedural criminal law. As the Treaties do not provide a definition of minimum rules, it is unclear what amounts to a minimum rule and what the role of such rules is within the EU’s AFSJ. How do minimum rules help establish a level playing field for justice integration? Do they amount to minimum harmonisation, or do they have a different meaning? Do such rules in the area of substantive and procedural laws have the same focus and purpose? And how do minimum rules relate to the principles of mutual trust and mutual recognition, subsidiarity and conferral on which the EU bases its competence? A comprehensive study into the concept, meaning and scope of minimum rules has received remarkably little attention in European (criminal) law.
Over a period of four years, you will conduct PhD research under the supervision of
Dr Aart de Vries,
Dr Domenico Rosani and
Professor Michiel Luchtman. You will be embedded in the research programme of the
Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE).
A portion of your working hours will also be set aside for training and development, including the attendance of courses for PhD candidates. A small percentage of your time will be allocated to gaining teaching experience.