The European Union as an area of freedom, security and justice / edited by Maria Fletcher, Ester Herlin-Karnell and Claudio Matera.
2017
KJE9430 .E8954 2017 (Map It)
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Details
Title
The European Union as an area of freedom, security and justice / edited by Maria Fletcher, Ester Herlin-Karnell and Claudio Matera.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2017.
Call Number
KJE9430 .E8954 2017
ISBN
9781138828575 (hardback)
1138828572 (hardback)
9781317573234 (adobe reader)
9781317573227 (epub)
9781317573210 (mobipocket)
1138828572 (hardback)
9781317573234 (adobe reader)
9781317573227 (epub)
9781317573210 (mobipocket)
Description
xvii, 517 pages ; 24 cm.
System Control No.
(OCoLC)951915990
Summary
This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ). 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.
Note
This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ). 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.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Notes on contributors
viii
Foreword
xv
1.
Introduction / Claudio Matera
1
pt. I
EU as an Area of Freedom, Security and Justice
9
2.
rise and fall of EU justice and home affairs law / Steve Peers
11
3.
Sketches of a theory of Europe as an Area of Freedom, Security and Justice / Massimo Fichera
34
4.
Human rights and the Area of Freedom, Security and Justice / Dorota Leczykiewicz
57
pt. II
EU criminal law
109
5.
mutual recognition principle and EU criminal law / Anne Weyembergh
111
6.
European Arrest Warrant, constitutional rights and the changing legal thinking: values once recognised lost in transition to the EU level? / Anneli Albi
137
7.
future of a European Public Prosecutor in the Area of Freedom, Security and Justice / Gerard Conway
176
8.
Legislating for human rights after Lisbon: the transformative effect of EU measures on the rights of the individual in criminal procedure / Valsamis Mitsilegas
201
pt. III
Border controls, immigration, asylum and AFSJ paradigms
215
9.
Frontex and the European system of border guards: the future of European border management / Jorrit J. Rijpma
217
10.
rule of life: family reunification in EU mobility and migration laws / Ariadna Ripoll Servent
246
11.
Common European Asylum System: where did it all go wrong? / Minos Mouzourakis
263
pt. IV
Civil law cooperation
301
12.
Civil justice: constitutional and regulatory issues revisited / Eva Storskrubb
303
13.
Multiple faces of mutual recognition: unity and diversity in regulating enforcement of judgments in the European Union / Vesna Lazic
337
pt. V
External dimension and impact
357
14.
external dimension of the AFSJ? Some reflections on the nature and scope of the externalisation of the AFSJ domains / Claudio Matera
359
15.
EU anti-terrorism policy in its external AFSJ dimension: democratic accountability and human rights protection in the post-Lisbon Treaty era / Sara Poli
389
16.
Is there a transatlantic security strategy? Area of Freedom, Security and Justice law and its global dimension / Ester Herlin-Karnell
417
pt. VI
Legal challenges of network governance within the Area of Freedom, Security and Justice
439
17.
Understanding JHA agencies in context: where does Eurojust lie in the constitutional architecture of the Area of Freedom, Security and Justice? / Irene Wieczorek
441
18.
European Union's fight against cybercrime: policy, legal and practical challenges / Benjamin Farrand
459
19.
Entrenching the Area of Freedom, Security and Justice: questions of institutional governance and judicial control / Henri De Waele
485
Index
509