Constitutional Life And Europe S Area Of Freedom Security And Justice

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Constitutional Life and Europe's Area of Freedom, Security and Justice

Alun Howard Gibbs
Constitutional Life and Europe s Area of Freedom Security and Justice Book PDF

Author : Alun Howard Gibbs
Publisher : Routledge
Page : 168 pages
File Size : 53,7 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317161684

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Constitutional Life and Europe's Area of Freedom, Security and Justice by Alun Howard Gibbs Pdf

The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.

The European Union as an Area of Freedom, Security and Justice

Maria Fletcher,Ester Herlin-Karnell,Claudio Matera
The European Union as an Area of Freedom Security and Justice Book PDF

Author : Maria Fletcher,Ester Herlin-Karnell,Claudio Matera
Publisher : Routledge
Page : 518 pages
File Size : 40,9 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317573227

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The European Union as an Area of Freedom, Security and Justice by Maria Fletcher,Ester Herlin-Karnell,Claudio Matera Pdf

This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification

Ester Herlin-Karnell
The Constitutional Structure of Europe s Area of Freedom Security and Justice and the Right to Justification Book PDF

Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
Page : 200 pages
File Size : 47,9 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781509912513

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The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification by Ester Herlin-Karnell Pdf

This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

The Constitutional Structure of Europe's Area of 'freedom, Security and Justice' and the Right to Justification

Ester Herlin-Karnell
The Constitutional Structure of Europe s Area of freedom Security and Justice and the Right to Justification Book PDF

Author : Ester Herlin-Karnell
Publisher : Unknown
Page : 182 pages
File Size : 43,9 Mb
Release : 2019
Category : Electronic
ISBN : 1509912525

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The Constitutional Structure of Europe's Area of 'freedom, Security and Justice' and the Right to Justification by Ester Herlin-Karnell Pdf

"This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core"--Bloomsbury Publishing.

Security Versus Freedom?

Thierry Balzacq
Security Versus Freedom Book PDF

Author : Thierry Balzacq
Publisher : Routledge
Page : 328 pages
File Size : 41,8 Mb
Release : 2016-04-01
Category : Political Science
ISBN : 9781317057970

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Security Versus Freedom? by Thierry Balzacq Pdf

From the viewpoint of migration and asylum policy and the fight against terrorism, justice and home affairs is a key policy area. It is also an area that raises important challenges and questions with regard to the preservation of fundamental freedoms. This engaging volume examines the emerging European Union area of freedom, security and justice at a time when key policy priorities are taking shape within the EU. Bringing together contributors from different backgrounds, the volume is ideal for students and scholars of European studies, law, political science, political theory and sociology.

Policy change in the Area of Freedom, Security and Justice

Florian Trauner,Ariadna Ripoll Servent
Policy change in the Area of Freedom Security and Justice Book PDF

Author : Florian Trauner,Ariadna Ripoll Servent
Publisher : Routledge
Page : 288 pages
File Size : 41,7 Mb
Release : 2014-10-30
Category : Political Science
ISBN : 9781317660453

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Policy change in the Area of Freedom, Security and Justice by Florian Trauner,Ariadna Ripoll Servent Pdf

The EU plays an increasingly important role in issues such as the fight against organised crime and the management of migration flows, transforming the Area of Freedom, Security and Justice (AFSJ) into a priority of the EU’s political and legislative agenda. This book investigates whether institutional change - the gradual communitarisation of the AFSJ - has triggered policy change, and in doing so, explores the nature and direction of this policy change. By analysing the role of the EU’s institutions in a systematic, theory-informed and comparative way, it provides rich insights into the dynamics of EU decision-making in areas involving high stakes for human rights and civil liberties. Each chapter contains three sections examining: the degree of policy change in the different AFSJ fields, ranging from immigration and counter-terrorism to data protection the role of EU institutions in this process of change a case study determining the mechanisms of change. The book will be of interest to practitioners, students and scholars of European politics and law, EU policy-making, security and migration studies, as well as institutional change.

Europe's Area of Freedom, Security, and Justice

Neil Walker
Europe s Area of Freedom Security and Justice Book PDF

Author : Neil Walker
Publisher : Collected Courses of the Acade
Page : 358 pages
File Size : 55,8 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105063672054

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Europe's Area of Freedom, Security, and Justice by Neil Walker Pdf

This collection brings together leading specialists in the areas of European Union law which are now organized under the Area of Freedom, Security and Justice (AFSJ).

European Internal Security

Christian Kaunert
European Internal Security Book PDF

Author : Christian Kaunert
Publisher : Manchester University Press
Page : 282 pages
File Size : 46,5 Mb
Release : 2018-07-30
Category : Political Science
ISBN : 9781526130938

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European Internal Security by Christian Kaunert Pdf

European institutions are either loathed or underestimated. This book analyses the role of EU institutions in the area of European internal security. From Justice and Home Affairs, this area has become more like a European Area of Freedom, Security and Justice. In this process, the European Commission has demonstrably played the role of an `engine of integration' in areas such a counter-terrorism, policing, asylum, migration and border management. This book uses the framework of supranational policy entrepeuners (SPE), those who stand at the policy window in order to propose, lobby for and sell `their' policy proposal, and synthesises it with insights from the literature on norm entrepreneurship. This book will be of great interest to scholars and practitioners interested in European internal security, European integration, terrorism, security studies and international relations.

The EU Charter of Fundamental Rights

Giacomo Di Federico
The EU Charter of Fundamental Rights Book PDF

Author : Giacomo Di Federico
Publisher : Springer Science & Business Media
Page : 327 pages
File Size : 48,7 Mb
Release : 2010-12-02
Category : Law
ISBN : 9789400701564

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The EU Charter of Fundamental Rights by Giacomo Di Federico Pdf

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

The Area of Freedom, Security and Justice Ten Years on

Elspeth Guild,Sergio Carrera,Alejandro Eggenschwiler
The Area of Freedom Security and Justice Ten Years on Book PDF

Author : Elspeth Guild,Sergio Carrera,Alejandro Eggenschwiler
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2010
Category : Law
ISBN : 9461380348

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The Area of Freedom, Security and Justice Ten Years on by Elspeth Guild,Sergio Carrera,Alejandro Eggenschwiler Pdf

This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.

Crime within the Area of Freedom, Security and Justice

Christina Eckes,Theodore Konstadinides
Crime within the Area of Freedom Security and Justice Book PDF

Author : Christina Eckes,Theodore Konstadinides
Publisher : Cambridge University Press
Page : 327 pages
File Size : 55,6 Mb
Release : 2011-01-20
Category : Law
ISBN : 9781139495479

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Crime within the Area of Freedom, Security and Justice by Christina Eckes,Theodore Konstadinides Pdf

The 'Europeanisation' of the fight against crime is a broad and much-contested notion. This in-depth analysis of the role of the EU in fighting crime within the area of freedom, security and justice explores the impact of EU policies in the Member States, the progressive convergence of Member States' criminal law systems, the emergence of mutual recognition as an alternative to harmonization, and the incremental development of the ECJ's jurisdiction. The essays also explore the limitations inherent in EU counter-crime policies and the changes brought about by the introduction of the Treaty of Lisbon. These changes are discussed both collectively and within individual substantive areas in which the EU has taken an active role in fighting crime, such as corruption, money laundering, terrorism, organised crime and extradition.

Fundamental Rights in the EU Area of Freedom, Security and Justice

Sara Iglesias Sánchez,Maribel González Pascual
Fundamental Rights in the EU Area of Freedom Security and Justice Book PDF

Author : Sara Iglesias Sánchez,Maribel González Pascual
Publisher : Cambridge University Press
Page : 1070 pages
File Size : 48,6 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781108862097

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Fundamental Rights in the EU Area of Freedom, Security and Justice by Sara Iglesias Sánchez,Maribel González Pascual Pdf

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law.

Preventive Justice

Andrew Ashworth,Lucia Zedner
Preventive Justice Book PDF

Author : Andrew Ashworth,Lucia Zedner
Publisher : OUP Oxford
Page : 310 pages
File Size : 48,5 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191021046

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Preventive Justice by Andrew Ashworth,Lucia Zedner Pdf

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 46,8 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Research Handbook on EU Criminal Law

Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Research Handbook on EU Criminal Law Book PDF

Author : Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 49,9 Mb
Release : 2016-03-25
Category : Law
ISBN : 9781783473311

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Research Handbook on EU Criminal Law by Valsamis Mitsilegas,Maria Bergström,Theodore Konstadinides Pdf

EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work