Fundamental Rights In The Eu Area Of Freedom Security And Justice

Author : Maria Fletcher,Ester Herlin-Karnell,Claudio Matera
Publisher : Routledge
Page : 518 pages
File Size : 50,7 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.

Author : Sara Iglesias Sánchez,Maribel González Pascual
Publisher : Cambridge University Press
Page : 1070 pages
File Size : 50,7 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.

Author : Ermioni Xanthopoulou
Publisher : Bloomsbury Publishing
Page : 249 pages
File Size : 55,5 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.

Author : Thierry Balzacq
Publisher : Routledge
Page : 326 pages
File Size : 50,5 Mb
Release : 2016-04-01
Category : Political Science
ISBN : 9781317057963

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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.

Author : Giacomo Di Federico
Publisher : Springer Science & Business Media
Page : 327 pages
File Size : 40,8 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.

Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
Page : 200 pages
File Size : 41,6 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.

Author : Ronald L. Holzhacker,Paul Luif
Publisher : Springer Science & Business Media
Page : 148 pages
File Size : 41,6 Mb
Release : 2013-08-28
Category : Political Science
ISBN : 9781461478799

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Freedom, Security and Justice in the European Union by Ronald L. Holzhacker,Paul Luif Pdf

As the European Union has evolved, it has also begun to address policy questions which are closer to the very heart of the state. From cooperation in Justice and Home Affairs, originally conceived as the third pillar of European cooperation, has emerged the Area of Freedom, Security, and Justice (AFSJ). A unique aspect of policy in this area is the desire to integrate the internal and external dimensions of this policy area. One of the tensions in this policy area has been balancing the protection of fundamental rights and increasing security. The first part of this book focuses on the institutional relations of policymaking in AFSJ, both within member states and between member states, in particular the issues of national executive control, national parliamentary scrutiny and peer review across the member states with regard to AFSJ. The second part focuses on specific policy areas which are part of AFSJ. Two chapters highlight the tension found in this policy area between security and human or fundamental rights, the first related to data retention and the second on policing external borders. The final two chapters are concerned with data exchange among European countries and transatlantically with the US, and the interface between AFSJ and the Common Foreign and Security Policy (CFSP). The chapters contained in the book were presented at the Dutch Ministry of the Interior and Kingdom Relations and the Dutch national parliament (Tweede Kamer), making it of interest to scholars and practitioners alike.

Author : Šejla Imamovic
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 47,5 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.

Author : Elspeth Guild,Sergio Carrera,Alejandro Eggenschwiler
Publisher : Unknown
Page : 0 pages
File Size : 51,8 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.

Author : Anonim
Publisher : CEPS
Page : 26 pages
File Size : 50,8 Mb
Release : 2009
Category : Electronic
ISBN : 9789290798774

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Challenges and Prospects for the EU’s Area of Freedom, Security and Justice: Recommendations to the European Commission for the Stockholm Programme by Anonim Pdf

Author : Neil Walker
Publisher : Collected Courses of the Acade
Page : 358 pages
File Size : 51,9 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).

Author : Florian Trauner,Ariadna Ripoll Servent
Publisher : Routledge
Page : 265 pages
File Size : 40,7 Mb
Release : 2014-10-30
Category : Political Science
ISBN : 9781317660460

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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.

Author : European Commission
Publisher : European Commission
Page : 32 pages
File Size : 43,9 Mb
Release : 2001
Category : Asylum, Right of
ISBN : UOM:39015053509660

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Living in an Area of Freedom, Security, and Justice by European Commission Pdf

European Union procedures and laws on justice and home affairs touch on some of the most sensitive questions facing the EU today. They deal with issues such as asylum, immigration, drugs, crime and cross-border legal questions. As businesses and individuals increasingly take up their right to live and work anywhere in the EU, European aspects of court proceedings and citizens' rights will become ever more important. It is important for Europe's citizens that the objectives of justice and home affairs policies - freedom, security and justice - are interlinked and balanced, as freedom loses much of its meaning if it cannot be enjoyed in a secure environment and if it is not backed up by a fair and smoothly functioning legal system.

Author : Tommaso Rafaraci,Rosanna Belfiore
Publisher : Springer
Page : 212 pages
File Size : 42,7 Mb
Release : 2018-12-13
Category : Law
ISBN : 9783319973197

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EU Criminal Justice by Tommaso Rafaraci,Rosanna Belfiore Pdf

This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.

Author : Sarah Leonard,Christian Kaunert
Publisher : Routledge
Page : 134 pages
File Size : 40,8 Mb
Release : 2018-07-26
Category : Political Science
ISBN : 9781315450629

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Searching for a Strategy for the European Union’s Area of Freedom, Security and Justice by Sarah Leonard,Christian Kaunert Pdf

This book examines the vision and strategy of the EU’s Area of Freedom, Security and Justice (AFSJ), which has become one of the key objectives of the European Union (EU). Recent events have also highlighted the saliency of several of the policy issues at the heart of the AFSJ. Amongst them, one can mention the terrorist attacks in 2015 in Paris and 2016 in Brussels and the ongoing refugee crisis in the Mediterranean region. At the same time, the end of the Stockholm programme, which provided the strategic framework for the development of the AFSJ between 2010 and 2014, has been followed by the adoption of new ‘strategic guidelines’, which can only be described as a short, vague and general document.