Jacob ÖbergTitle: Researcher School/office: School of Behavioural, Social and Legal Sciences
Phone: +46 19 303000
About Jacob Öberg
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. From 1 of February 2023 I am a Full Professor of European Union Law (fully tenured) at the University of Southern Denmark. My key responsibility as a fully tenured Professor of EU Law at the Law Department at SDU is to reinforce, enhance and develop the existing teaching and research environment in EU Law. . 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.
My research touches on a large number of topics such as constitutional EU law, EU criminal law and general issues of criminal sanctions and criminalization. I am a prominent authority in these fields and have published 20 peer-reviewed articles in internationally leading journals such as European Law Review, European Constitutional Law Review, Yearbook of European Law, Journal of Corporate Law Studies and Maastricht Journal of European and Comparative Law. In addition to a monograph with Hart Publishing, I have published a co-edited anthology at Brill, a scientific report at SIEPS and five book chapters in anthologies published at Cambridge University Press, Brill and Thomson Reuters. In addition, I have had assignments as a guest editor at various journals and have repeatedly been hired as a peer reviewer for leading journals and publishers such as the Journal of Common Market Studies, European Law Journal, European Journal of Risk Regulation, Journal of Contemporary European Studies, Journal of European Integration,Journal of The Law and Practice of International Courts and Tribunals and Oxford University Press.
I have been regularly invited to present my research at international conferences (UACES, Virtue, European Society of Criminology) and to give guest lectures at other universities. I was recently the sole guest editor of a special thematic issue ‘EU Agencies in Transnational Criminal Enforcement: From a Coordinated Approach to an Integrated EU Criminal Justice’ published in the Maastricht Journal of European and Comparative Law. I am a member of the steering group for the Swedish Network for European Law Research (SNEF) as a representative of Örebro University and one of the editors of the European Law Journal, which is the internationally leading journal for contextual EU law research. My work has been cited by the European Parliament and I have been involved as an expert on EU legislation in major consulting projects with the European Commission and other consulting companies on the implementation of EU legislation in Sweden. I have been called upon to make expert statements to the European Parliament's LIBE and FEMM committees on whether gender - based violence should be criminalised at EU level. This led to further interviews with SVT, Swedish Radio P4, Göteborgsposten, ETC and Landets Fria Tidning
In the field of EU law research, I have currently three main lines of research; (1) multidisciplinary and contextual perspectives on EU law, (2) the federal dimension of EU law, and (3) the Union's criminal policy and its development under the Lisbon Treaty. My recent research is particularly interested in the development of EU law in its political, cultural and economic context, as well as the role of law as a factor in European integration. In a recently published article 'Exit, Voice and Consensus - A Legal and Political Analysis of the Emergency Brake in EU Criminal Policy' in European Law Review (2021), I analyze decision-making in the field of Union criminal law and the interplay between law and policy in order to better evaluate the nature of EU integration in the field of criminal justice. 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. Based on this research, I am currently carrying out the project 'Normative foundations for integrated EU criminal law - powers, restrictions and justifications' with funding granted by Riksbankens Jubileumsfond. Based on democratic theories of representation, theories of federalism and economic theories of market failures, I strive to develop the first integrated normative framework for evaluating the Union's criminal law measures. The final results will be published as a monograph with the title’ The Normative Foundations for EU Criminal Justice: Powers, Limits and Justifications’ in the Modern Studies in European Law series at Hart Publishing (during winter 2023).
My other central research interest is economic crime and the criminalisation of behaviors that are contrary to economic and financial regulation. In order to develop a convincing theory regarding the appropriateness of criminal sanctions, I have sought to combine results and concepts from different disciplines such as criminology, legal economics and regulatory studies. In a chapter I recently published in an anthology with Cambridge University Press, ‘Day Fines in Sweden’, I explore the economic and political foundations of the Swedish daily fine system. Based on my previous research, I plan a future limited research project with the preliminary title 'The appropriateness of criminal sanctions for the implementation of Union policies' which aims to develop a comprehensive theory of criminalization as an instrument to ensure compliance with EU legal standards. In order to obtain more general conclusions, I will examine two areas of law, illegal immigration / irregular migration and food regulation, which offer interesting case studies for the project.
Funding and research collaborations
I have been very successful in obtaining external funding for my research. Recently, I received generous funding of SEK 1 979 000 from Riksbankens Jubileumsfond to carry out a research the project titled 'The Normative Foundations for Integrated EU Criminal Justice: Powers, Limits and Justifications' at the University of Amsterdam for 12 months:https://www.rj.se/en/grants/2021/the-normative-foundations-for-integrated-eu-criminal-justice-powers-limits-and-justifications. In addition, I have obtained funding as a co-applicant in the multidisciplinary project 'Conceptualising Cross-Border Regions in the European Union's Legal Order: From Covidfencing to Constitutionalisation' led by Marja-Liisa Öberg at Lund University. The project was granted SEK 4 388 000 in funding from Riksbankens Jubileumsfond: https://www.rj.se/en/grants/2021/conceptualising-cross-border-regions-in-the-european-unions-legal-order-from-covidfencing-to-constitutionalisation-/
Furthermore I will, commencing in December 2023, carry out- as a principal investigator- a three-year project (commencing December 2023) together with Christian Kaunert and Sarah Leonard which analyses to what extent the European Union's Area of Freedom, Security and Justice has transformed from a cooperative regime to a supranational integrated framework. The project was successfully funded by the Swedish Research Council ( 5 000 000 SEK).
In addition to these major projects 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 were published in 2021 in a special thematic issue of the Maastricht Journal of European and Comparative Law. In a current research project with Valsamis Mitsilegas, I am organizing a symposium on ‘The Normative Foundations for European Criminal Law’ with leading voices in European criminal law whose contribution will be published as a special thematic issue in the European Law Journal. 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.
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 59 bachelor’s degree projects and 28 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).
I have acted as Deputy Head of the Department at School of Behavioural, Social and Legal Sciences (BSR) with special responsibility for educational issues. As Deputy Head of Department, I had the overall responsibility for all pedagogical and strategic development projects, responsibility for the strategic focus of education in all programs in psychology, social work, law and criminology and responsibility for the implementation of educational evaluations and the implementation of general strategic guidelines from the Faculty Board of Humanities and Social Sciences.
- Conceptualising Cross-Border Regions in the European Union's Legal Order: From Covidfencing to Constitutionalisation
- Federal dimension of EU Law
- Criminalisation as a regulatory instrument for implementing Union policies
- The Normative Foundations for Integrated EU Criminal Justice: Powers, Limits and Justifications
Articles in journals
- Öberg, J. , Mitsilegas, V. & Caunes, K. (2023). European integration in context: Questioning the normative foundations of European criminal law; In this issue. European Law Journal, 27 (4-6), 350-355.
- Öberg, J. (2021). Exit, Voice and Consensus - A Legal and Political Analysis of the Emergency Brake in EU Criminal Policy. European Law Review, 46 (4), 506-530.
- Öberg, J. (2021). Guest editorial: EU agencies in transnational criminal enforcement: From a coordinated approach to an integrated EU criminal justice. Maastricht Journal of European and Comparative Law, 28 (2), 155-163.
- Öberg, J. (2021). Normative justifications of EU criminal law: European public goods and transnational interests. European Law Journal, 27 (4-6), 408-425.
- Öberg, J. (2021). The European Public Prosecutor: Quintessential Supranational Criminal Law?. Maastricht Journal of European and Comparative Law, 28 (2), 164-181.
- Harding, C. & Öberg, J. (2021). The journey of EU criminal law on the ship of fools – what are the implications for supranational governance of EU criminal justice agencies?. Maastricht Journal of European and Comparative Law, 28 (2), 192-211.
- Öberg, J. (2020). Trust in the Law? Mutual Recognition as a Justification to Domestic Criminal Procedure. European Constitutional Law Review, 16 (1), 33-62.
- Öberg, J. (2018). National Parliaments and Political Control of EU Competences: A sufficient safeguard of federalism?. European Public Law, 24 (4), 695-731.
- 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. (2017). The Rise of the Procedural Paradigm: Judicial Review of EU Legislation in Vertical Competence Disputes. European Constitutional Law Review, 13 (2), 248-280.
- 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. (2014). Is it ‘essential’ to imprison insider dealers to enforce insider dealing laws?. Journal of Corporate Law Studies, 14 (1), 111-138.
- 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). EU Criminal Law, Democratic Legitimacy and Judicial Review of Union Criminal Law Legislation in the Wake of the Lisbon Treaty. Tilburg Law Review, 16 (1), 60-82.
- 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.
- Nergelius, J. , Öberg, J. & Öberg, M. (2017). Europarättsdagarna 2016. Europarättslig tidskrift (2), 263-266.
- 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. (2022). En federal europeisk åklagarmyndighet – från vision till verklighet?. In: Antonina Bakardijeva Engelbrekt; Anna Michalski; Lars Oxelheim, EU mellan federalism och flexibel integration: Europaperspektiv 2022 (pp. 201-231). Stockholm: Santérus Förlag.
- 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 Judicial 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.
- 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).
- 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.
- Öberg, J. (2022). The Pitfalls of Enhanced Cooperation - The case of the European public prosecutor.
- Öberg, J. (2021). A Federal European Public Prosecution Authority – From Vision to Reality? .
- Öberg, J. (2021). Exit, voice and consensus – A legal and political analysis of the emergency brake in EU criminal policy – European Law Blog.
- Öberg, J. (2020). The German Federal Constitutional Court’s PSPP Judgment: Proportionality Review Par Excellence.
- Öberg, J. (2015). Union regulatory criminal law competence - scope, limits and judicial review. Stockholm: Swedish Swedish Institute for European Policy (SIEPS 2015:4).