Eu Counter Terrorism Law

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The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism

Author : Fiona de Londras,Josephine Doody
Publisher : Routledge
Page : 240 pages
File Size : 54,5 Mb
Release : 2015-04-10
Category : Political Science
ISBN : 9781317524656

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The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism by Fiona de Londras,Josephine Doody Pdf

Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism. Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society. This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.

EU Counter-Terrorism Law

Author : Cian C Murphy
Publisher : Bloomsbury Publishing
Page : 274 pages
File Size : 40,7 Mb
Release : 2012-06-08
Category : Law
ISBN : 9781847319609

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EU Counter-Terrorism Law by Cian C Murphy Pdf

EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013

The New EU Counter-Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law

Author : Nikoletta Karaliota,Eliza Kompatsiari,Christos Lampakis,Maria Kaiafa-Gbandi
Publisher : BRILL
Page : 86 pages
File Size : 52,9 Mb
Release : 2020-03-31
Category : Law
ISBN : 9789004424630

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The New EU Counter-Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law by Nikoletta Karaliota,Eliza Kompatsiari,Christos Lampakis,Maria Kaiafa-Gbandi Pdf

This study analyses the modern EU counter-terrorism trends, focusing on the new terrorist crimes of Directive (EU) 2017/541 and on preventive counter-terrorism measures aiming to deter terrorist financing. It concludes by noting a ‘paradigm shift’ between repression and prevention in the field of countering terrorism, while suggesting relevant proposals.

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Author : Ana Salinas de Frias,Council of Europe
Publisher : Council of Europe
Page : 464 pages
File Size : 49,5 Mb
Release : 2013-04-01
Category : Political Science
ISBN : 9789287176851

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Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights by Ana Salinas de Frias,Council of Europe Pdf

Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

The Evolving EU Counter-terrorism Legal Framework

Author : Maria O'Neill
Publisher : Routledge
Page : 388 pages
File Size : 55,8 Mb
Release : 2011-12-14
Category : Law
ISBN : 9781136493836

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The Evolving EU Counter-terrorism Legal Framework by Maria O'Neill Pdf

Since the coming into force of the Lisbon Treaty in 2009, and the contemporaneous publication of the Stockholm Programme, the area of freedom, security and justice has obtained a more secure legal basis within the EU treaty framework and now has a coherent policy programme set out for its development. A key aspect in the area of freedom, security and justice are the EU’s provisions dealing with counter-terrorism. This book examines the rapidly emerging area of EU law and policy on counter-terrorism, addressing these twin disciplines from both a theoretical and practical perspective. The Evolving EU Counter-Terrorism Legal Framework is the first comprehensive exposition of EU anti-terrorism law, bringing together laws and policies on terrorism from across the three distinct EU pillars, as well as exploring the legal framework for EU external relations in counter-terrorism. In focusing on this challenging area of EU legal policy which is presently under construction, the book brings greater clarity and critical analysis to the existing legal framework currently in place. In addition to considering the current legal circumstances, Maria O'Neill goes on to highlight potential difficulties which may occur in the future and suggests possible avenues for development of counter-terrorism provisions.

EU Counter-Terrorism and Intelligence

Author : Javier Argomaniz,Oldrich Bures,Christian Kaunert
Publisher : Routledge
Page : 308 pages
File Size : 50,9 Mb
Release : 2017-10-02
Category : History
ISBN : 9781317378945

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EU Counter-Terrorism and Intelligence by Javier Argomaniz,Oldrich Bures,Christian Kaunert Pdf

The Treaty on the European Union stipulates that one of the key objectives of the Union is to provide citizens with a high level of safety within an Area of Freedom, Security and Justice. Given that the fight against terrorism is a prominent aspect of this general objective, it is remarkable that, in spite of its political relevance and decade-long history, it has only relatively recently received due attention in the academic community. Yet an analysis of the successes and failures of the EU's involvement in this field is imperative and this is a particularly pertinent moment to take stock of progress. The goal of this book is therefore to look back at the post-9/11 period and answer the question of whether, when it comes to the measures taken to combat terrorism following these attacks, the EU has lived up to the promise made in its founding treaties. In pursuing this goal, this volume presents the views of leading experts casting a critical eye over the EU's performance, recognising achievements but also being suitably critical when the realities did not match the European rhetoric. In doing this, the book makes a significant contribution not only to the scholarly investigation of European Union policies, but also to the study of counter-terrorism in general. This book was published as a special issue of Intelligence and National Security.

A War on Terror?

Author : Marianne Wade,Almir Maljevic
Publisher : Springer Science & Business Media
Page : 554 pages
File Size : 53,8 Mb
Release : 2009-11-05
Category : Law
ISBN : 9780387892917

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A War on Terror? by Marianne Wade,Almir Maljevic Pdf

Marianne Wade and Almir Maljevi? Although the worries about terrorism paled in comparison to the economic crisis as a topic during the last US election, one can find plenty of grounds to assume that they remain issue number one in the minds of politicians in Europe. As the German houses of Parliament prepare to call in the mediation committee in the discussion of legislation which would provide the Federal Police – thus far mandated purely with the post-facto investigation of crime – with powers to act to prevent acts of terrorism, Spain’s struggle with ETA and the British Government licks its wounds after a resounding defeat of its latest anti-terrorist proposals by the House of Lords, one cannot but wonder whether post 9/11, the Europeans are not even more concerned with terrorism than their US counterparts. A look at media reports, legislative and judicial activities in either Britain or Germany clearly underlines that those two countries are deeply embroiled in anti-terrorist activity. Can it be that Europe is embroiled in the “War on Terror”; constantly providing for new arms in this conflict? Or is it a refusal to participate in the “War on Terror” that fuels a constant need for Parliaments to grapple with the subject; begrudgingly conceding one increasingly draconian measure after the other? The question as to where Europe stands in the “War on Terror” is a fascinating one, but one, which is difficult to answer.

Confronting Terrorism

Author : Marianne van Leeuwen
Publisher : BRILL
Page : 246 pages
File Size : 45,9 Mb
Release : 2003-02-01
Category : Law
ISBN : 9789047403227

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Confronting Terrorism by Marianne van Leeuwen Pdf

This work focuses on terrorism and the struggle against it in Europe - on contemporary experiences, threat perceptions and the policies of several European countries, including the effects produced by the 11 September, 2001 attacks in the US.

The European Union’s Fight Against Terrorism

Author : Laura C. Ferreira-Pereira,Bruno Oliveira Martins
Publisher : Routledge
Page : 148 pages
File Size : 51,9 Mb
Release : 2016-04-08
Category : History
ISBN : 9781134929900

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The European Union’s Fight Against Terrorism by Laura C. Ferreira-Pereira,Bruno Oliveira Martins Pdf

This book contributes to the understanding of the counter-terrorism (CT) policy of the European Union (EU) by offering a set of analyses focusing on its external dimension. Whilst calling for the combination of internal and external policies as well as cooperation with third countries and international institutions, the external dimension of EUCT challenges previous assumptions on the functioning of the EU and offers new testing ground for the latest theoretical and methodological approaches. This volume provides the first systematic assessment of the external dimension of EUCT. It covers transatlantic counter-terrorism cooperation, the interaction between EU institutions and policies, theoretical debates on EU actorness in counter-terrorism and the role of judicial institutions in international counter-terrorism. Furthermore, it draws attention to the need for engaging in new discussions over the post-Lisbon Treaty Common Foreign and Security Policy (CFSP), the international fight against terrorism, and the way international actors cooperate and compete on the security arena. It will be of interest for both academics and practitioners working on EU foreign policy, transatlantic relations and international counter-terrorism. It will also be of interest for students and journalists specialized on European and international affairs. This book was published as a special issue of European Security.

Terrorism And the Foreigner

Author : Elspeth Guild,Anneliese Baldaccini
Publisher : Martinus Nijhoff Publishers
Page : 454 pages
File Size : 51,9 Mb
Release : 2007
Category : Law
ISBN : 9789004151871

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Terrorism And the Foreigner by Elspeth Guild,Anneliese Baldaccini Pdf

This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.

Fighting Terrorism through Multilevel Criminal Legislation

Author : Erling Johannes Husabø,Ingvild Bruce
Publisher : BRILL
Page : 504 pages
File Size : 50,9 Mb
Release : 2009-09-04
Category : Law
ISBN : 9789047431015

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Fighting Terrorism through Multilevel Criminal Legislation by Erling Johannes Husabø,Ingvild Bruce Pdf

This book analyses the implementation of UN and EU framework legislation on terrorism in six European states. Main issues are the concept of terrorist offences, the broad criminalisation of preparatory acts and the extraterritorial application of national law.

Counter-Terrorism, Human Rights and the Rule of Law

Author : Aniceto Masferrer,Clive Walker
Publisher : Edward Elgar Publishing
Page : 354 pages
File Size : 46,9 Mb
Release : 2013-09-30
Category : Political Science
ISBN : 9781781954478

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Counter-Terrorism, Human Rights and the Rule of Law by Aniceto Masferrer,Clive Walker Pdf

ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

International Legal Dimension of Terrorism

Author : Pablo Antonio Fernández-Sánchez
Publisher : BRILL
Page : 528 pages
File Size : 53,9 Mb
Release : 2008-12-23
Category : Law
ISBN : 9789004180864

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International Legal Dimension of Terrorism by Pablo Antonio Fernández-Sánchez Pdf

More than ever before International Humanitarian Law needs to find new solutions to new types of conflicts. The current state of the fight against terrorism is without doubt one of the new problems facing international society and one of the concerns of International Humanitarian Law. This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism. The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective. In addition to examining all aspects of international terrorism, the objective of the symposium which gave rise to these essays was to establish some guidelines, in the form of a Declaration, to serve as the basis for the UN’s High Level Group for the Alliance of Civilisations on the subject of international terrorism. This overall objective was achieved with the adoption of the Huelva Declaration for an Alliance of Civilisations against Terrorism, the text of which is included at the end of this book.

Comparative Counter-Terrorism Law

Author : Kent Roach
Publisher : Cambridge University Press
Page : 839 pages
File Size : 43,7 Mb
Release : 2015-07-23
Category : Law
ISBN : 9781316381090

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Comparative Counter-Terrorism Law by Kent Roach Pdf

Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.

U.S.-EU Cooperation Against Terrorism

Author : Kristin Archick
Publisher : DIANE Publishing
Page : 17 pages
File Size : 54,8 Mb
Release : 2010-11
Category : Political Science
ISBN : 9781437936513

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U.S.-EU Cooperation Against Terrorism by Kristin Archick Pdf

Examines the evolution of U.S.-European Union (EU) counter-terrorism cooperation. Contents: (1) Background on EU Efforts Against Terrorism; (2) U.S.-EU Counter-terrorism Cooperation: Progress to Date; New Law Enforce. and Intell. Cooperation Agree.; Stemming Terrorist Financing; Border Control and Transport Security: Container Security; Passenger Name Record Data; Aviation Security; (3) Ongoing Challenges: Data Privacy: Tracking Terrorist Financing; Sharing Airline Passenger Data; U.S.-EU Framework Agree. on Data Protection; Balancing Transatlantic Travel, Commerce, and Security: Visa Waiver Program; Cargo Screening; Detainee Issues and Civil Liberties; Differences in the U.S. and EU Terrorist Lists.