Great Expectations: Sharing Confidences in eu Criminal Justice

in European Journal of Crime, Criminal Law and Criminal Justice
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This paper considers the evolution of the European Union’s criminal justice competence using the analytical motif of “confidence”. In order to explain why this approach was chosen the first part describes three confidence “vignettes” –situations or senses in which “confidence” forms a key part of the narrative of the Union’s criminal justice development. Picking up upon the renaissance of interest among social scientists in the study of emotions, the paper then outlines the account of ‘Action and confidence’ that was provided by the sociologist Jack Barbalet, in the context of his seminal work, Emotion, Social Theory, and Social Structure. This is then used to provide a series of reflections on the role of confidence (and emotion more generally) in relation to the Union’s emergence as a criminal justice actor and, in turn, also on Barbalet’s account.




J. Barbalet, Emotion, Social Theory, and Social Action: A Macrosociological Approach (Cambridge: Cambridge University Press, 2001). It was particularly fitting to refer to his work in my inaugural lecture. During the late 1990s he was a colleague at the University of Leicester, where I was privileged to attend his own inaugural lecture.


E. Baker, ‘The European Union’s “area of freedom, security and (criminal) justice ten years on”’, Criminal Law Review (2009) 833–850, at 850.


 See further Baker, supra note 23.


 See further Baker and Harding, supra note 18.


 See, for example, Lodge, supra note 45, p. 319; P.A. Weber-Panariello, The integration of matters of justice and home affairs into Title vi of the Treaty on European Union – a step towards democracy?’, eui Working Paper rsc No.95/32, pp. 16–17.


Barbalet, supra note 11, p. 1.


Barbalet, supra note 11, p. 91.


Barbalet, supra note 11, p. 86.


Barbalet, supra note 11, pp. 87–88.


 See Juncker, supra note 9.


 See The Royal Society, Risk: Analysis, Perception and Management (London: The Royal ­Society, 1992), pp. 101–108.


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