Author: Elspeth Guild
Publisher:
ISBN: 9789461380340
Category : Law
Languages : en
Pages : 0
Book Description
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.
The Area of Freedom, Security and Justice Ten Years on
Author: Elspeth Guild
Publisher:
ISBN: 9789461380340
Category : Law
Languages : en
Pages : 0
Book Description
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.
Publisher:
ISBN: 9789461380340
Category : Law
Languages : en
Pages : 0
Book Description
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.
The European Union as an Area of Freedom, Security and Justice
Author: Maria Fletcher
Publisher: Routledge
ISBN: 1317573226
Category : Law
Languages : en
Pages : 583
Book Description
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.
Publisher: Routledge
ISBN: 1317573226
Category : Law
Languages : en
Pages : 583
Book Description
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.
The Institutional Dimension of the European Union's Area of Freedom, Security and Justice
Author: Jörg Monar
Publisher: Peter Lang
ISBN: 9789052016153
Category : Law
Languages : en
Pages : 274
Book Description
Since the Treaty of Amsterdam the European Union's area of freedom, security and justice has become one of the most dynamic and fastest expanding European policy-making domains. This book brings out the dynamics of institutional change and their impact on policy-making.
Publisher: Peter Lang
ISBN: 9789052016153
Category : Law
Languages : en
Pages : 274
Book Description
Since the Treaty of Amsterdam the European Union's area of freedom, security and justice has become one of the most dynamic and fastest expanding European policy-making domains. This book brings out the dynamics of institutional change and their impact on policy-making.
Information Sharing and Data Protection in the Area of Freedom, Security and Justice
Author: Franziska Boehm
Publisher: Springer Science & Business Media
ISBN: 3642223923
Category : Law
Languages : en
Pages : 475
Book Description
Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.
Publisher: Springer Science & Business Media
ISBN: 3642223923
Category : Law
Languages : en
Pages : 475
Book Description
Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.
Policy change in the Area of Freedom, Security and Justice
Author: Florian Trauner
Publisher: Routledge
ISBN: 1317660463
Category : Political Science
Languages : en
Pages : 265
Book Description
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.
Publisher: Routledge
ISBN: 1317660463
Category : Political Science
Languages : en
Pages : 265
Book Description
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.
Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice
Author: Ermioni Xanthopoulou
Publisher: Bloomsbury Publishing
ISBN: 1509922261
Category : Law
Languages : en
Pages : 249
Book Description
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.
Publisher: Bloomsbury Publishing
ISBN: 1509922261
Category : Law
Languages : en
Pages : 249
Book Description
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.
EU Law in Populist Times
Author: Francesca Bignami
Publisher: Cambridge University Press
ISBN: 1108485081
Category : Law
Languages : en
Pages : 611
Book Description
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Publisher: Cambridge University Press
ISBN: 1108485081
Category : Law
Languages : en
Pages : 611
Book Description
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Fundamental Rights in the EU Area of Freedom, Security, and Justice
Author: Sara Iglesias (Editor on civil rights in EU)
Publisher:
ISBN: 9781108769006
Category : Asylum, Right of
Languages : en
Pages :
Book Description
"The normative consolidation of the Area of Freedom, Security and Justice (AFSJ) and the entry into force of the Charter of Fundamental Rights of the EU (the Charter) has transformed the Union as we know it. It is common knowledge that the AFSJ has undergone impressive normative and jurisprudential developments in recent times. A plethora of new instruments has been adopted in the years following the entry into force of the Treaty of Lisbon, joining the already vast body of pre-Lisbon secondary law in the different fields covered by the AFSJ: civil and criminal judicial cooperation as well as matters related to borders, migration and asylum. By now, national authorities and courts have become or at least are becoming well acquainted with the AFSJ acquis, which is shown by the impressive increase of preliminary references made by national courts. It is today beyond any doubt that the AFSJ has become one of the most prolific areas of litigation before the Court of Justice of the European Union (CJEU)"--
Publisher:
ISBN: 9781108769006
Category : Asylum, Right of
Languages : en
Pages :
Book Description
"The normative consolidation of the Area of Freedom, Security and Justice (AFSJ) and the entry into force of the Charter of Fundamental Rights of the EU (the Charter) has transformed the Union as we know it. It is common knowledge that the AFSJ has undergone impressive normative and jurisprudential developments in recent times. A plethora of new instruments has been adopted in the years following the entry into force of the Treaty of Lisbon, joining the already vast body of pre-Lisbon secondary law in the different fields covered by the AFSJ: civil and criminal judicial cooperation as well as matters related to borders, migration and asylum. By now, national authorities and courts have become or at least are becoming well acquainted with the AFSJ acquis, which is shown by the impressive increase of preliminary references made by national courts. It is today beyond any doubt that the AFSJ has become one of the most prolific areas of litigation before the Court of Justice of the European Union (CJEU)"--
Justice and Home Affairs Agencies in the European Union
Author: Christian Kaunert
Publisher: Routledge
ISBN: 1317674626
Category : Political Science
Languages : en
Pages : 192
Book Description
This book examines the role of agencies and agency-like bodies in the EU’s Area of Freedom, Security and Justice (AFSJ).When the Maastricht Treaty entered into force on 1 November 1993, the institutional landscape of the so-called ‘Third Pillar’ looked significantly different than it does now. Aside from Europol, which existed only on paper at that time, the European agencies examined in this book were mere ideas in the heads of federalist dreamers or were not even contemplated. Eventually, Europol slowly emerged from its embryonic European Drugs Unit and became operational in 1999. Around the same time, the European Union (EU) unveiled plans in its Tampere Programme for a more extensive legal and institutional infrastructure for internal security policies. Since then, as evidenced by the chapters presented in this book, numerous policy developments have taken place. Indeed, the agencies now operating in the EU’s Area of Freedom, Security and Justice (AFSJ) are remarkable in the burgeoning scope of their activities, as well as their gradually increasing autonomy vis-à-vis the EU member states and the institutions that brought them to life. This book was published as a special issue of Perspectives on European Politics and Society.
Publisher: Routledge
ISBN: 1317674626
Category : Political Science
Languages : en
Pages : 192
Book Description
This book examines the role of agencies and agency-like bodies in the EU’s Area of Freedom, Security and Justice (AFSJ).When the Maastricht Treaty entered into force on 1 November 1993, the institutional landscape of the so-called ‘Third Pillar’ looked significantly different than it does now. Aside from Europol, which existed only on paper at that time, the European agencies examined in this book were mere ideas in the heads of federalist dreamers or were not even contemplated. Eventually, Europol slowly emerged from its embryonic European Drugs Unit and became operational in 1999. Around the same time, the European Union (EU) unveiled plans in its Tampere Programme for a more extensive legal and institutional infrastructure for internal security policies. Since then, as evidenced by the chapters presented in this book, numerous policy developments have taken place. Indeed, the agencies now operating in the EU’s Area of Freedom, Security and Justice (AFSJ) are remarkable in the burgeoning scope of their activities, as well as their gradually increasing autonomy vis-à-vis the EU member states and the institutions that brought them to life. This book was published as a special issue of Perspectives on European Politics and Society.
Brexit and Internal Security
Author: Helena Carrapico
Publisher: Springer
ISBN: 3030041948
Category : Political Science
Languages : en
Pages : 196
Book Description
This book explores the viability of future UK-EU internal security arrangements in light of Brexit, including their impact on the UK’s and the EU’s security and international standings. The authors discuss on-going negotiations and address the main political and legal concerns of possible future arrangements. As the UK prepares to leave the EU, the country is faced with having to develop new cooperation models with its neighbours to fight growing transnational security threats, as well as new strategies to maintain its leading role as an international security actor. In exploring these issues, the book aims to contribute to the general knowledge on the risks and opportunities associated with the disentanglement of the UK from European internal security cooperation; to shed more light on the debates surrounding the negotiations; and to inform the policy discussions that form the basis of proposed cooperation models and that are likely to significantly shape the future UK-EU security relationship.
Publisher: Springer
ISBN: 3030041948
Category : Political Science
Languages : en
Pages : 196
Book Description
This book explores the viability of future UK-EU internal security arrangements in light of Brexit, including their impact on the UK’s and the EU’s security and international standings. The authors discuss on-going negotiations and address the main political and legal concerns of possible future arrangements. As the UK prepares to leave the EU, the country is faced with having to develop new cooperation models with its neighbours to fight growing transnational security threats, as well as new strategies to maintain its leading role as an international security actor. In exploring these issues, the book aims to contribute to the general knowledge on the risks and opportunities associated with the disentanglement of the UK from European internal security cooperation; to shed more light on the debates surrounding the negotiations; and to inform the policy discussions that form the basis of proposed cooperation models and that are likely to significantly shape the future UK-EU security relationship.