Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice

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Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice

Ermioni Xanthopoulou
Fundamental Rights and Mutual Trust in the Area of Freedom Security and Justice Book PDF

Author : Ermioni Xanthopoulou
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 45,9 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781509922277

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Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice by Ermioni Xanthopoulou Pdf

This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.

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 : 41,7 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.

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 : 49,5 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).

The Principle of Mutual Trust in EU Criminal Law

Auke Willems
The Principle of Mutual Trust in EU Criminal Law Book PDF

Author : Auke Willems
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 40,6 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509924554

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The Principle of Mutual Trust in EU Criminal Law by Auke Willems Pdf

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

The Architecture of Fundamental Rights in the European Union

Šejla Imamovic
The Architecture of Fundamental Rights in the European Union Book PDF

Author : Šejla Imamovic
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 54,6 Mb
Release : 2022-02-10
Category : Law
ISBN : 9781509940608

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The Architecture of Fundamental Rights in the European Union by Šejla Imamovic Pdf

This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.

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 : 234 pages
File Size : 54,9 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781509912506

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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.

EU Criminal Law

Valsamis Mitsilegas
EU Criminal Law Book PDF

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
Page : 544 pages
File Size : 40,7 Mb
Release : 2009-03-16
Category : Law
ISBN : 9781847317261

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EU Criminal Law by Valsamis Mitsilegas Pdf

EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

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 : 49,7 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.

Defending Checks and Balances in EU Member States

Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Defending Checks and Balances in EU Member States Book PDF

Author : Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Publisher : Springer Nature
Page : 478 pages
File Size : 45,8 Mb
Release : 2021-01-05
Category : Law
ISBN : 9783662623176

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Defending Checks and Balances in EU Member States by Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt Pdf

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

The Principle of Mutual Recognition in EU Law

Christine Janssens
The Principle of Mutual Recognition in EU Law Book PDF

Author : Christine Janssens
Publisher : OUP Oxford
Page : 408 pages
File Size : 40,8 Mb
Release : 2013-10-31
Category : Law
ISBN : 9780191653896

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The Principle of Mutual Recognition in EU Law by Christine Janssens Pdf

Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

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 : 50,6 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'.

Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice

Ermioni Xanthopoulou
Fundamental Rights and Mutual Trust in the Area of Freedom Security and Justice Book PDF

Author : Ermioni Xanthopoulou
Publisher : Bloomsbury Publishing
Page : 249 pages
File Size : 50,5 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781509922260

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Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice by Ermioni Xanthopoulou Pdf

This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.

Whose Freedom, Security and Justice?

Anneliese Baldaccini,Elspeth Guild,Helen Toner
Whose Freedom Security and Justice Book PDF

Author : Anneliese Baldaccini,Elspeth Guild,Helen Toner
Publisher : Bloomsbury Publishing
Page : 897 pages
File Size : 45,7 Mb
Release : 2007-06-28
Category : Law
ISBN : 9781847317940

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Whose Freedom, Security and Justice? by Anneliese Baldaccini,Elspeth Guild,Helen Toner Pdf

This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

The Principle of Mutual Trust in European Union Law

Cecilia Rizcallah
The Principle of Mutual Trust in European Union Law Book PDF

Author : Cecilia Rizcallah
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2022
Category : Electronic
ISBN : 2802771965

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The Principle of Mutual Trust in European Union Law by Cecilia Rizcallah Pdf

According to the Court of Justice of the European Union, the legal structure of the European Union: 'is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the EU is founded, as stated in Article 2 TEU.' Fundamental rights, the rule of law and democracy occupy a central place among these common values. The Court holds that this premiss 'implies and justifies the existence of mutual trust between the Member States.' However, for several years, the European Union has been suffering from a crisis of values. This crisis stems from the undermining of the values on which the European Union is supposedly based. Yet, references to mutual trust between Member States has never been more prevalent in the official discourse. Like the adage 'there is never so much talk about water as in the desert,' is the rise in popularity of mutual trust symptomatic of the climate of mistrust between the Member States? This book centres around this question, raised by the success of the principle of mutual trust at a time when the context betrays fundamental divisions between the Member States regarding the meaning of European integration and the values on which it is based. To answer this question, the first part of the book seeks to clear the ground and to offer a cross-cutting definition of the principle of mutual trust in EU law, which applies both to internal market law and to the law of the area of freedom, security and justice. In this respect, the presumptive mechanism seems to offer the best description of the principle studied. The second part of the book analyses the apparently consubstantial link between this principle and the founding values of the EU. In that regard, it appears that the common set of values has an ambivalent relationship with the principle of mutual trust, being both its normative basis and its imperfect limit. The book closes with a third part analysing the essential role played by the principle of mutual trust in EU law at the intersection of the imperatives of unity, diversity and equality which drive European integration. Given the threats currently faced by the founding values of the EU, it argues in favour of moving mutual trust from the rank of postulate to that of method.

Security Versus Justice?

Elspeth Guild,Florian Geyer
Security Versus Justice Book PDF

Author : Elspeth Guild,Florian Geyer
Publisher : Ashgate Publishing, Ltd.
Page : 360 pages
File Size : 44,6 Mb
Release : 2008
Category : Political Science
ISBN : 0754673596

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Security Versus Justice? by Elspeth Guild,Florian Geyer Pdf

One of the most dynamic areas of recent EU law has been cooperation in the fields of policing and criminal justice. This book enables readers to understand the changes that have taken place by examining how and why they occurred, along with the subsequent outcomes.