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Jacob Öberg

Title: Senior Lecturer School/office: School of Law, Psychology and Social Work

Email:

Phone: +46 19 303370

Room: L2438

Jacob Öberg

Research subject

About Jacob Öberg

Curriculum Vitae

 

Background and experiences

I have a PhD in European Law from the European University Institute in Florence (2014) and have since then been active as a senior lecturer in criminal law at Örebro University and as a postdoctoral fellow in law at Lund University. In addition, in December 2016, I was conferred with the title associate professor of law (Docent) at Örebro University. I have a law degree from Stockholm University (2007) and several years of experience as an associate at the law firm Delphi in Stockholm.

Research credentials

My research addresses a large number of topics such as EU constitutional law, EU criminal law and general issues of criminalisation. I am a prominent scholar in these areas and have  published 16 peer-reviewed articles in journals such as European Law Review, European Constitutional Law Review, European Public Law, Yearbook of European Law, Journal of Corporate Law Studies, New Journal of European Criminal Law and the European Journal of Crime, Criminal Law and Criminal Justice. In 2017, I published a substantially revised version of my dissertation as a monograph at Hart Publishing. I have also published a co-edited anthology at Brill and book chapters at Cambridge University Press, Brill, and Thomson Reuters. I have had assignments as a guest editor at various journals and am also a frequently hired peer reviewer for journals such as the Journal of Common Market Studies, the Journal of European Risk Regulation, European Law Journal and the New Journal of European Criminal Law, as well as for publishers such as Oxford University Press. I have been regularly invited to present my research at international conferences and to give guest lectures at other universities.  I recently acted as a sole guest editor for a special issue titled' EU Agencies in Transnational Criminal Enforcement: From a Coordinated Approach to an Integrated EU Criminal Justice’ which is currently being published in the Maastricht Journal of European and Comparative Law. I was also recently appointed as a member of the Scientific Committee of the European Law Journal. Finally, I am a member of the Steering Group of the Swedish Network of European Legal Studies (representing Örebro University).

Research profile

In EU constitutional law and EU criminal law, my interest is focused on three main lines of research; I) the federal dimension of EU law, II) judicial review of constitutional principles in EU law and III) the Union's criminal law policy and development after the Lisbon Treaty. This part of my research was the main focus of my dissertation and subsequent monograph, where I sought to construct limitations on the exercise of the powers of the Union legislator (especially in the field of criminal law), mainly through a more robust interpretation of the constitutional principles of conferred powers and the principle of subsidiarity. I developed a general theory in the thesis to check the legality of EU law which I then applied to selected examples to demonstrate that there are important limitations in the exercise of the Union's powers. My research in constitutional EU law has opened up a new field of research, 'contextual legal integration theory ', whereby the methodological starting point is to link rigorous legal analysis with sociological, philosophical, political science and legal economic theory formation. This research aims to make a significant contribution to the political and societal debate on the legitimacy of European cooperation through an in - depth understanding of the role of law as a promoter and a limiting factor in integration.

Another key strand of my research is regulatory criminal law - criminalisation of behaviours that are contrary to regulations in the modern welfare state. The question of the appropriateness and general preventive effect of criminal sanctions is a debated issue in all the social sciences. My method of research is to use well-established knowledge in disciplines other than jurisprudence to discuss the appropriateness of criminalization. Such an approach differs from previous analyses that have been based on a clear legal, sociological, legal economic or political science perspective.

Funding and research collaborations

I have been successful in attracting funding to conduct my research and have obtained a total of SEK 1,585,581 in funding from public as well as private research funders. I also have an extensive international network and broad experience of participating and initiating national and international research collaborations. In June 2017, I co-organised an international conference at Leiden University on the Union's future criminal justice policy, where the conference presentations were published as an anthology by Brill. In October 2019, I also organised a multidisciplinary international symposium on EU criminal justice agencies where the best contributions will be published in 2021 in a special thematic issue of the Maastricht Journal of European and Comparative Law. In addition, I have made a significant contribution to maintaining an active research environment in EU law at both Örebro and Lund University through regular presentations of my own research and participation and planning of seminar activities.

Teaching

I have completed both university pedagogical courses I and II and the research supervisor training course. In addition to having been a regular guest lecturer at Uppsala University, Umeå University and Stockholm University since 2011, I have since August 2014 been employed at Örebro University as a senior lecturer in criminal law to teach full-time in criminal law, EU law and procedural law. I have also had the course director responsibilities for the basic courses in these subjects. I have extensive experience from supervising student essays, of which I have supervised a total of 22 bachelor’s degree projects and 43 master's theses. I am currently assistant supervisor for Elin Lindfors who is a newly admitted doctoral student at Örebro University. My interactive and student-focused teaching has been very much appreciated among the students, which has been evinced in very good course evaluations. In addition, I have previously held a leading position in the pedagogical development at the Law Department in Örebro through my assignment as deputy chair of the Pedagogical Committee (Utbildningskollegiet); which is the body responsible for ensuring that the quality of teaching is maintained. I am currently the course coordinator and sole examiner for European procedural law and general Criminal Law and Critical Perspectives (advanced level) and the basic course in criminal law (bachelor) and course director of  the general course 'Rule of Law' and T4 (semester 4 on the Law Programme).

 

Publications

Articles in journals |  Articles, reviews/surveys |  Books |  Chapters in books |  Collections (editor) |  Conference papers |  Other |  Reports | 

Articles in journals

Öberg, J. (2021). The European Public Prosecutor: Quintessential Supranational Criminal Law?. Maastricht Journal of European and Comparative Law, 28 (2), 164-181.
Öberg, J. (2018). The legal basis for EU criminal law harmonisation: a question of federalism?. European Law Review, 43 (3), 366-393.
Öberg, J. (2017). Subsidiarity as a Limit to the Exercise of EU Competences. Yearbook of European Law, 36, 391-420.
Öberg, J. (2015). Subsidiarity and EU Procedural Criminal Law. European Criminal Law Review, 5 (1), 19-45.
Öberg, J. (2014). Do we really need criminal sanctions for the enforcement of EU law?. New Journal of European Criminal Law, 5, 370-387.
Öberg, J. (2013). The definition of criminal sanctions in the EU. European Criminal Law Review, 3 (3), 273-299.
Öberg, J. (2011). Criminal Sanctions in the Field of EU Environmental Law. New Journal of European Criminal Law (4), 402-425.
Öberg, J. (2011). Union Regulatory Criminal Law Competence after Lisbon Treaty. European Journal of Crime, Criminal Law and Criminal Justice, 19 (4), 289-318.
Öberg, J. (2010). Tjänstedirektivet- en papperstiger?. Europarättslig tidskrift (1), 109-123.
Öberg, J. (2007). Horizontal Direct Effect of Article 39 of the EC Treaty. Europarättslig tidskrift (4), 777-802.

Articles, reviews/surveys

Nergelius, J. , Öberg, J. & Öberg, M. (2017). Europarättsdagarna 2016. Europarättslig tidskrift (2), 263-266.

Books

Öberg, J. (2017). Limits to EU Powers: A Case Study of EU Regulatory Criminal Law. Oxford: Hart Publishing Ltd (Hart Studies in European Criminal Law ).
Öberg, J. (2011). The doctrine of horizontal direct effect in EC law. Saarbrücken: Lambert Academic Publishing.

Chapters in books

Öberg, J. (2021). Day Fines in Sweden. In: Elena Kantorowicz-Reznichenko, Michael Faure, Day Fines in Europe: Assessing Income-Based Sanctions in Criminal Justice Systems (pp. 44-69). Cambridge: Cambridge University Press.
Öberg, J. (2019). EU Procedural Criminal Law after Lisbon . In: Jannemieke Ouwerkerk, Judit Altena, Jacob Öberg and Samuli Miettinen, The Future of EU Criminal Justice Policy and Practice: Legal and Criminological Perspectives (pp. 225-254). . Brill Academic Publishers.
Öberg, J. , Miettinen, S. , Altena, J. & Ouwerkerk, J. (2019). Introduction . In: Jannemieke Ouwerkerk, Judit Altena, Jacob Öberg and Samuli Miettinen, The Future of EU Criminal Justice Policy and Practice: Legal and Criminological Perspectives (pp. 1-12). . Brill Academic Publishers.
Öberg, J. (2016). Legal Diversity, Subsidiarity and Harmonization of EU Regulatory Criminal Law. In: Renaud Colson & Stewart Field, EU Criminal Justice and the Challenges of Legal Diversity : legal cultures in the area of freedom, security and justice (pp. 87-105). Cambridge: Cambridge University Press.
Öberg, J. (2013). Union Regulatory Criminal Law Competence after Lisbon Treaty. In: H-J Albrecht and A. Klip, Crime, criminal law and criminal justice in Europe : a collection in honour of Prof. Em. Dr. H.C. Cyrille Fijnaut (pp. 297-324). Leiden: Martinus Nijhoff Publishers.
Öberg, J. (2012). The Principle of Proportionality, Federalism and Judical Review in the Law of Free Movement. In: Loïc Azoulai, Lena Boucon, François-Xavier Millet, Deconstructing EU federalism through competences: EUI workshop proceedings - 14 June 2011 (pp. 65-87). Florence: European University Insitute.
Skoglund, P. & Öberg, J. (2011). Sweden. In: Simon Bushell, International Fraud and Asset Tracing (pp. 257-266). London: Sweet & Maxwell.

Collections (editor)

Öberg, J. (ed.) (2021). EU Agencies in Transnational Criminal Enforcement: From a Coordinated Approach to an Integrated EU Criminal Justice’ (28:2ed.). Sage Publications (Maastricht Journal of European and Comparative Law ).
Ouwerkerk, J. (ed.) , Altena, J. (ed.) , Öberg, J. (ed.) & Miettinen, S. (ed.) (2019). The Future of EU Criminal Justice Policy and Practice: Legal and Criminological Perspectives. Brill Nijhoff (European Criminal Justice Series Vol. 1).

Conference papers

Öberg, J. (2014). Legal basis for the criminal enforcement of EU policies. Paper presented at Reforming the EU: The Future of European Law and Policy IV, Birmingham, United Kingdom, June 26-27, 2014.
Öberg, J. (2014). ‘The principle of subsidiarity and the harmonisation of national criminal procedure’. Paper presented at European Criminal Policy Initiative conference, A Manifesto for European Criminal Procedure Law, Stockholm, Sweden, June 12-13, 2014.
Öberg, J. (2013). Effective limits to the exercise of union competences: a case study of regulatory criminal law. Paper presented at Jean Monnet Doctoral seminar, Brussels, Belgium, November 14-15, 2013.
Öberg, J. (2013). Legal Diversity, Subsidiarity and the Case for Harmonization of EU Criminal Law. Paper presented at EU criminal law meets legal diversity - Towards a socio-legal approach to EU criminal policy, EUI, Florence, Italy, June 6-7, 2013.

Other

Reports

Öberg, J. (2015). Union regulatory criminal law competence - scope, limits and judicial review. Stockholm: Swedish Swedish Institute for European Policy (SIEPS 2015:4).