The Evolving Eu Counter Terrorism Legal Framework

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The Evolving EU Counter-terrorism Legal Framework

Author : Maria O'Neill
Publisher : Routledge
Page : 388 pages
File Size : 52,7 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.

The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism

Author : Fiona de Londras,Josephine Doody
Publisher : Routledge
Page : 240 pages
File Size : 49,9 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 : 48,7 Mb
Release : 2012-06-08
Category : Law
ISBN : 9781847319593

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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

Counter-Terrorism Networks in the European Union

Author : Claudia Hillebrand
Publisher : OUP Oxford
Page : 414 pages
File Size : 41,6 Mb
Release : 2012-10-03
Category : Law
ISBN : 9780191630606

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Counter-Terrorism Networks in the European Union by Claudia Hillebrand Pdf

Counter-Terrorism Networks in the European Union: Maintaining Democratic Legitimacy after 9/11 presents a model of democratic legitimacy for within international counter-terrorism co-operation. Exploring the current practices of European Union (EU) counter-terrorism policing, developed after 9/11, it highlights the current significant challenges to democratic legitimacy and seeks to present tools and solutions which ensure 'democratic' counter-terrorism actions and the protection of human rights. Counter-terrorism policing is now a global concern, with co-operation between security authorities of different countries a crucial feature in the fight to prevent terrorism and extremism. Yet, given the emphasis on pre-emption, this type of policing tends to interfere to a far greater extent with the rights of the individual than traditional policing. This book scrutinises the current focus of enhanced communication between counter-terrorist associates at member-state and EU levels within Europe, alongside analysis of just how far the traditional, protective mechanisms of accountability and oversight are managing to keep up with this development. It proposes that current forms of counter-terrorism policing within the EU should be understood as networks - sets of expert institutional nodes or individual agents, from at least two countries - that are interconnected in order to authorize and provide security with regard to counter-terrorism, using the European Police Office (Europol) as a key example.

Comparative Counter-Terrorism Law

Author : Kent Roach
Publisher : Cambridge University Press
Page : 839 pages
File Size : 54,8 Mb
Release : 2015-07-23
Category : Law
ISBN : 9781107057074

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Comparative Counter-Terrorism Law by Kent Roach Pdf

This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.

The Evolution of Information-sharing in EU Counter-terrorism

Author : Christine Andreeva
Publisher : Edward Elgar Publishing
Page : 261 pages
File Size : 53,8 Mb
Release : 2023-03-02
Category : Political Science
ISBN : 9781803928302

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The Evolution of Information-sharing in EU Counter-terrorism by Christine Andreeva Pdf

Through a pioneering analysis of two critical junctures in EU counter-terrorism brought about by significant terrorist attacks, this topical book examines the drivers, conditions and impediments for policy integration and information-exchange institutionalisation in EU counter-terrorism.

The Law Relating to Financial Crime in the United Kingdom

Author : Karen Harrison,Nicholas Ryder
Publisher : Taylor & Francis
Page : 271 pages
File Size : 40,6 Mb
Release : 2016-09-15
Category : Law
ISBN : 9781317026020

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The Law Relating to Financial Crime in the United Kingdom by Karen Harrison,Nicholas Ryder Pdf

Outlining the different types of financial crime and their impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual financial crimes including money laundering, terrorist financing, fraud, insider dealing, market abuse, bribery and corruption and finally tax avoidance and evasion. Offences are summarized and their extent is evaluated using national and international documents. Detailed assessments of financial institutions and regulatory bodies are made and the achievements of these institutions are analysed. Sentencing and policy options for different financial crimes are included and suggestions are made as to how criminal proceeds might be recovered. This second edition has been fully updated and includes a section on cybercrime and a new chapter on tax evasion. Case summaries have also been included in those chapters where a criminal justice route is used by the prosecuting authorities.

International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events

Author : Andreas de Guttry,Micaela Frulli,Federico Casolari,Ludovica Poli
Publisher : BRILL
Page : 689 pages
File Size : 52,7 Mb
Release : 2022-03-21
Category : Law
ISBN : 9789004507999

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International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events by Andreas de Guttry,Micaela Frulli,Federico Casolari,Ludovica Poli Pdf

The volume investigates to what extent the international and European Union legal frameworks applicable to Chemical, Biological and Radio-Nuclear (CBRN) events are adequate to face current challenges. It is innovative in many aspects: it adopts an all-hazard approach to CBRN risks, focusing on events of intentional, accidental and natural origin; it explores international obligations according to the four phases of the emergency cycle, including prevention, preparedness, response and recovery; and it covers horizontal issues such as protection of human rights, international environmental law, new technologies, the role of private actors, as well as enforcement mechanisms and remedies available to victims. The book thus offers a new way of looking at the applicable rules of international law in this field.

The Financial War on Terrorism

Author : Nicholas Ryder
Publisher : Routledge
Page : 194 pages
File Size : 52,9 Mb
Release : 2015-06-05
Category : Law
ISBN : 9781134447046

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The Financial War on Terrorism by Nicholas Ryder Pdf

On September 11, 2001, 19 terrorists committed the largest and deadliest terrorist attack in the United States of America. The response from the inter-national community, and in particular the US, was swift. President George Bush declared what has commonly been referred to as either the ‘War on Terror’ or the ‘Global War on Terror’ on September 20, 2001. Four days later, he instigated the ‘Financial War on Terrorism’. This book defines and identifies the so-called ‘Financial War on Terrorism’. It provides a critical review of the impact of counter-terrorist financing strategies enacted by both individual jurisdictions and international organisations. Taking a comparative approach, the book highlights the levels of compliance in each selected jurisdiction and organisation with the requirements of the ‘Financial War on Terrorism’. The book analyses measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees, and the Recommendations of the Financial Action Task Force. It also reviews the counter-terrorist financing measures of the European Union and the Council of Europe, paying particular attention to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime. The book goes on to review the measures put in place in the US following September 11, 2001. Offering a much-needed legal analysis of the measures enacted under the ‘Financial War on Terrorism’, this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance.

The Palgrave Handbook of Criminal and Terrorism Financing Law

Author : Colin King,Clive Walker,Jimmy Gurulé
Publisher : Springer
Page : 1260 pages
File Size : 40,6 Mb
Release : 2018-05-04
Category : Social Science
ISBN : 9783319644981

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The Palgrave Handbook of Criminal and Terrorism Financing Law by Colin King,Clive Walker,Jimmy Gurulé Pdf

The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.

EU Law Enforcement

Author : Stefano Montaldo,Francesco Costamagna,Alberto Miglio
Publisher : Taylor & Francis
Page : 338 pages
File Size : 51,8 Mb
Release : 2021-02-22
Category : Law
ISBN : 9780429584671

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EU Law Enforcement by Stefano Montaldo,Francesco Costamagna,Alberto Miglio Pdf

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

The Evolution of EU Counter-terrorism

Author : Raphael Bossong
Publisher : Routledge
Page : 210 pages
File Size : 49,5 Mb
Release : 2013
Category : History
ISBN : 9780415688574

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The Evolution of EU Counter-terrorism by Raphael Bossong Pdf

This book traces the evolution of the EU’s fight against terrorism from the late 1970s until the end of the first decade after 9/11. This historical analysis covers both EU-internal and international counterterrorism policies and features an in-depth account of the EU’s reaction to the terrorist incidents in New York, Madrid and London. In the first few weeks after these incidents, the EU mobilised a complex but also incoherent set of policy measures, which significantly influenced the course of European security over the years. From a theoretical perspective, this volume argues that context-specific factors dominated over functionalist considerations in the EU’s fight against terrorism. Building on frameworks from public policy analysis, the author demonstrates that EU institutions played a critical role as policy entrepreneurs, while the many security measures were chosen on the basis of timing rather than significance. Such short-term political dynamics also explain the implementation deficits and persistent imbalances in the EU’s counterterrorism policy; limitations which still hinder its fight against international terrorism. This book will be of much interest to students of EU policy, counter-terrorism, European security, public administration, foreign policy, and IR in general.

Searching for a Strategy for the European Union’s Area of Freedom, Security and Justice

Author : Sarah Leonard,Christian Kaunert
Publisher : Routledge
Page : 134 pages
File Size : 44,7 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.

European Perspectives on Environmental Law and Governance

Author : Suzanne Kingston
Publisher : Routledge
Page : 262 pages
File Size : 40,5 Mb
Release : 2013-01-25
Category : Law
ISBN : 9781136218897

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European Perspectives on Environmental Law and Governance by Suzanne Kingston Pdf

This book provides a range of perspectives on some of the most pressing contemporary challenges in EU environmental law and governance from some of today’s leading European environmental academics and practitioners. The book maintains a focus on three key cross-cutting issues, each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second issue explored concerns the challenge of integrating environmental considerations into other policy areas, as is required by the Treaty on the Functioning of the European Union and the EU’s Charter of Fundamental Rights. Finally, the third theme centres on the important challenge of improving environmental enforcement within the EU, and considers issues such as the Aarhus Convention and the evolution of the Commission’s work on implementation and enforcement throughout the past twenty years. Each of these three themes is situated within the broader ongoing debate about the changing nature of European environmental governance post-Lisbon and the ways in which developments in this area fits within broader trends in European governance theory and policy generally. European Perspectives on Environmental Law and Governance contains contributions from experts in the field including; Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law.

EU Law Enforcement

Author : Stefano Montaldo,Francesco Costamagna,Alberto Miglio
Publisher : Routledge
Page : 511 pages
File Size : 48,6 Mb
Release : 2021-02-22
Category : Law
ISBN : 9780429582776

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EU Law Enforcement by Stefano Montaldo,Francesco Costamagna,Alberto Miglio Pdf

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.