Download or read book Constitutionalising the Security Union written by Sergio Carrera and published by Centre for European Policy Studies. This book was released on 2018-02-27 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multidisciplinary examination of the critical issues and challenges associated with the EU's initiative to build a Security Union, particularly in relation to common policies adopted at the member state level aimed at countering terrorism and crime. It delves into EU efforts to support cross-border investigations, the exchange of information and international cooperation, taking stock of the effects on freedom and privacy. The various authors in this collective volume offer key research findings, which contributed to the European Commission's 2017 Comprehensive Assessment of EU Security Policy. They identify and explore the main constitutional dilemmas facing the Security Union concerning EU standards enshrined in the Lisbon Treaty and the commitments undertaken in the context of the EU Better Regulation agenda. Hence, this timely examination of EU security policies sheds light on their effectiveness, proportionality, fundamental rights and societal implications.

Download or read book The Routledge Handbook of European Security Law and Policy written by E. Conde and published by Routledge. This book was released on 2019-10-11 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of European Security Law and Policy offers a holistic discussion of the contemporary challenges to the security of the European Union and emphasizes the complexity of dealing with these through legislation and policy. Considering security from a human perspective, the book opens with a general introduction to the key issues in European Security Law and Policy before delving into three main areas. Institutions, policies and mechanisms used by Security, Defence Policy and Internal Affairs form the conceptual framework of the book; at the same time, an extensive analysis of the risks and challenges facing the EU, including threats to human rights and sustainability, as well as the European Union’s legal and political response to these challenges, is provided. This Handbook is essential reading for scholars and students of European law, security law, EU law and interdisciplinary legal and political studies.

Download or read book Use and Misuse of New Technologies written by Elena Carpanelli and published by Springer. This book was released on 2019-05-14 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ever-increasing use of technology is challenging the current status of the law, bringing about new problems and questions. The book addresses this trend from the perspective of International law and European Union law and is divided into three main thematic sections. The first section focuses on the legal implications of the use of technology either for law enforcement purposes or in the context of military activities, and examines how this use adds a new dimension to perennial issues, such as the uneasy balance between security concerns and the protection of individual rights, and defining the exact scope of certain State obligations. In so doing, it takes into account a range of current and potential scenarios at the international, regional and domestic level, including the use of killer robots, databases, drones and technology in general to patrol borders, exchange information on criminal suspects, maintain public order, target suspected terrorists and conduct military activities. In turn, the second section examines the role of institutional and non-institutional actors in establishing substantive normative standards for the use of high-tech applications. In this respect, it focuses both on the role that European courts have played so far, and on how other actors’ initiatives can contribute to the construction of a new legal framework for technology-related activities. Lastly, the third section has a two-fold focus: the first part investigates how the increasing reliance on technology is affecting traditional rules on international responsibility, and is challenging, in particular, the attribution of wrongful conduct to States and international organizations. The second part addresses issues of jurisdiction and justiciability. Given the scope of its coverage, this timely book addresses an important lacuna in the current legal scholarship, exploring some of the most recent applications of technology and the legal issues arising as a result. Readers will gain novel insights into the challenges posed to International law and European law by the growing reliance on technology, taking into account both its uses and misuses.

Download or read book Constitutional Law of the EU s Common Foreign and Security Policy written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo,ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; and, Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020.

Download or read book The Governance of Criminal Justice in the European Union written by Ricardo Pereira and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU’s approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.

Download or read book Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis written by Sergio Carrera and published by Edward Elgar Publishing. This book was released on with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.

Download or read book Privatising Border Control written by and published by Oxford University Press. This book was released on 2022-11-07 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.

Download or read book Combating Crime in the Digital Age A Critical Review of EU Information Systems in the Area of Freedom Security and Justice in the Post Interoperability Era written by Athina Giannakoula and published by BRILL. This book was released on 2020-03-31 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Combating Crime in the Digital Age the authors offer a systematic and critical account of EU information systems in the area of freedom, security and justice. They examine personal data protection law, criminal procedure law and police law to propose safeguards and limitations addressing the emerging challenges for fundamental rights.

Download or read book Solidarity and Rule of Law written by Teresa Russo and published by Springer Nature. This book was released on 2023-07-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States. The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research. Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperation The contributions of eminent scholars, international experts, and practitioners are the book’s greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.

Download or read book Data at the Boundaries of European Law written by Deirdre Curtin and published by Oxford University Press. This book was released on 2023-02-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Data at the Boundaries of European Law represents an original and engaged piece of scholarship in an important and fast developing field of policy and research. Beyond, and including, the most recent major new pieces of EU legislation-the Data Governance Act, together with the Data Act and the AI Act still going through the legislative process-this book draws attention to the substance of a number of core themes of the relationship between law and the digital world that are still somewhat hidden. These themes include the mimetic regulatory trajectories in and around the GDPR, transparency, ownership, and accountability, as well as the translation of all of these into core areas of public law such as criminal law, migration law, and intellectual property law. As a result, this book occupies a distinctive place in the debate on digital law that goes beyond the various silos of knowledge of particular legal disciplines. The issues addressed in this book are of interest to a global readership. They grapple with a number of the difficult themes of our times as applied to private and public actors and their (future) regulation in a manner that is relevant not just in Europe but worldwide.

Download or read book The Fight Against Impunity in EU Law written by Luisa Marin and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

Download or read book EU External Migration Policies in an Era of Global Mobilities Intersecting Policy Universes written by Sergio Carrera and published by BRILL. This book was released on 2018-12-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.

Download or read book The New EU Counter Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law written by Nikoletta Karaliota and published by BRILL. This book was released on 2020-03-31 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Routledge Handbook of Critical European Studies written by Didier Bigo and published by Routledge. This book was released on 2020-12-21 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook comprehensively defines and shapes the field of Critical European Union Studies, sets the research agenda and highlights emerging areas of study. Bringing together critical analyses of European Union politics, policies and processes with an expert range of contributors, it overcomes disciplinary borders and paradigms and addresses four main thematic areas pertaining to the study of the European Union and its policies: • Critical approaches to European integration; • Critical approaches to European political economy; • Critical approaches to the EU’s internal security; • Critical approaches to the EU’s external relations and foreign affairs. In their contributions to this volume, the authors take a sympathetic yet critical approach to the European integration process and the present structures of the European Union. Furthermore, the book provides graduate students and faculty with ideas for future research activity and introduces critical analyses rooted in a broad spectrum of theoretical perspectives. The Routledge Handbook of Critical European Union Studies will be an essential reference for scholars, students, researchers and practitioners interested and working in the fields of EU politics/studies, European integration, European political economy and public policy, EU foreign policy, EU freedom of movement and security practices, and more broadly in international relations, the wider social sciences and humanities.

Download or read book The Struggle for the European Constitution written by Michael O'Neill and published by Routledge. This book was released on 2008-11-28 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) Constitution is one of the most important developments in the history of the EU. The Constitution aims to make the EU more transparent, relevant and accountable to the citizens of its member states. The European Constitution provides the most comprehensive account of why the Constitution developed and what its implications are.

Download or read book Radicalization in Belgium and the Netherlands written by Nadia Fadil and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of 'radicalization' is now used to account for all forms of violent and non-violent political Islam. Used widely within the security services and picked up by academia, the term was initially coined by the General Intelligence and Security Service of the Netherlands (AIVD) after the 9/11 and Pentagon attacks, an origin that is rarely recognised. This book comprises contributions from leading scholars in the field of critical security studies to trace the introduction, adoption and dissemination of 'radicalization' as a concept. It is the first book to offer a critical analysis and history of the term as an 'empty signifier', that is, a word that might not necessarily refer to something existing in the real world. The diverse contributions consider how the term has circulated since its emergence in the Netherlands and Belgium, its appearance in academia, its existence among the people categorized as 'radicals' and its impact on relationships of trust between public officials and their clients. Building on the traditions of critical security studies and critical studies on terrorism, the book reaffirms the importance of a reflective approach to counter-radicalization discourse and policies. It will be essential reading for scholars of security studies, political anthropology, the study of Islam in the west and European studies.

Download or read book EU Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2022-05-05 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.