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Languages : en
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Publisher: CEPS
ISBN: 9290798319
Category :
Languages : en
Pages : 27
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Book Description
The relation between liberty and security has been highly contestable over the past 10 years in the EU integration process. With the expansion of the EU's powers into domains falling within the scope of the Area of Freedom, Security and Justice, liberty and its relation to security has brought a new range of issues, struggles and debates. Acts of political violence labelled as 'terrorism' and human mobility at the European and international levels have justified the construction of these phenomena as threats to the security and safety of the nation state. They have legitimised the development of normative responses that go beyond traditional configurations and raise fundamental dilemmas for the security and liberty of the individual. This paper assesses the ways in which the notions and perceptions of security and insecurity in the EU have evolved as political values and legal/policy goals, and how they are being transformed. It aims at synthesising the results of the research conducted since 2004 by the Justice and Home Affairs Section of CEPS through the CHALLENGE project (Changing Landscape of European Liberty and Security). The research has been premised upon one basic, but determining question: To what extent has the evolution of the international context altered the dynamics of liberty and security in the EU?
Author: Elspeth Guild
Publisher:
ISBN: 9789461380340
Category : Law
Languages : en
Pages : 0
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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: Jocelyne Cesari
Publisher: CEPS
ISBN: 9290798742
Category : European Union countries
Languages : en
Pages : 17
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Book Description
This paper summarises the main hypotheses and results of the research on the securitization of Islam. It posits that the securitisation of Islam is not only a speech act but also a policymaking process that affects the making of immigration laws, multicultural policies, antidiscrimination measures and security policies. The paper deconstructs and analyses the premises of such policies as well as their consequences on the civic and political participation of Muslims. The behaviour of Muslims was studied through 50 focus groups conducted in Paris, London, Berlin and Amsterdam over the year 2007-08. The results show a great discrepancy between the assumptions of policy-makers and the political and social reality of Muslims across Europe. The paper presents recommendations to facilitate the greater inclusion of Muslims within European public spheres.
Author: Sergio Carrera
Publisher:
ISBN: 9789461385659
Category : Political Science
Languages : en
Pages : 0
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Book Description
"The humanitarian refugee crisis in Europe of 2015-2016 has posed profound challenges to the legitimacy of the European Union's policies on migration, asylum and borders. It has also revealed unfinished elements and serious shortcomings in current EU policies and approaches, particularly those applying in southern EU maritime border areas and frontier states in the Mediterranean. This book provides a critical examination of the lessons learned from this crisis and gives an up-to-date assessment of the main policy, legal and institutional responses that have been taken at the EU level. It further examines the extent to which these responses can be expected to work under the current system of sharing responsibility among EU member states for assessing asylum applications and ensuring consistent implementation of EU legal standards in compliance with the rule of law and fundamental rights. The authors offer specific recommendations and possible scenarios for policy optimisation and assess the extent to which the establishment of a European Border and Asylum Service (EBAS) can address the current gaps and challenges in EU and member states' migration policies."--Page 4 of cover.
Author: Centre for European Policy Studies
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Didier Bigo
Publisher:
ISBN: 9789461384485
Category : National security
Languages : en
Pages : 18
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Book Description
This paper examines the EU counterterrorism policy responses to the attacks in Paris, 7-9 January 2015. It provides an overview of the main EU-level initiatives that have been put forward in the weeks following the events and that will be discussed in the informal European Council meeting of 12 February 2015. The paper argues that a majority of these proposals predated the Paris shootings and had until that point proved contentious as regards their efficacy, legitimacy and lawfulness. A case in point is the EU Passenger Name Record (PNR) proposal. The paper finds that EU counterterrorism policy responses to the Paris events raise two fundamental challenges: A first challenge is to the freedom of movement, Schengen and Union citizenship. The priority given to the expansion in the use of large-scale surveillance and systematic monitoring of all travellers including EU citizens stands in contravention of Schengen and the free movement principle. A second challenge concerns EU democratic rule of law. Current pressures calling for an urgent adoption of measures like the EU PNR challenge the scrutiny roles held by the European Parliament and the Court of Justice of the European Union on counterterrorism measures in a post-Lisbon Treaty setting. The paper proposes that the EU adopts a new European Agenda on Security and Liberty based on an EU security (criminal justice-led) cooperation model firmly anchored in current EU legal principles and rule of law standards. This model would call for 'less is more' concerning the use, processing and retention of data by police and intelligence communities, and it would instead pursue better and more accurate use of data that would meet the quality standards of evidence in criminal judicial proceedings.
Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021059
Category : Law
Languages : en
Pages : 380
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Book Description
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Author: Didier Bigo
Publisher:
ISBN: 9789461384911
Category : Terrorism
Languages : en
Pages : 13
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Book Description
This paper examines the EU's counter-terrorism policies responding to the Paris attacks of 13 November 2015. It argues that these events call for a re-think of the current information-sharing and preventive-justice model guiding the EU's counter-terrorism tools, along with security agencies such as Europol and Eurojust. Priority should be given to independently evaluating 'what has worked' and 'what has not' when it comes to police and criminal justice cooperation in the Union. Current EU counter-terrorism policies face two challenges: one is related to their efficiency and other concerns their legality. 'More data' without the necessary human resources, more effective cross-border operational cooperation and more trust between the law enforcement authorities of EU member states is not an efficient policy response. Large-scale surveillance and preventive justice techniques are also incompatible with the legal and judicial standards developed by the Court of Justice of the EU. The EU can bring further added value first, by boosting traditional policing and criminal justice cooperation to fight terrorism; second, by re-directing EU agencies' competences towards more coordination and support in cross-border operational cooperation and joint investigations, subject to greater accountability checks (Europol and Eurojust +); and third, by improving the use of policy measures following a criminal justice-led cooperation model focused on improving cross-border joint investigations and the use of information that meets the quality standards of 'evidence' in criminal judicial proceedings. Any EU and national counter-terrorism policies must not undermine democratic rule of law, fundamental rights or the EU's founding constitutional principles, such as the free movement of persons and the Schengen system. Otherwise, these policies will defeat their purpose by generating more insecurity, instability, mistrust and legal uncertainty for all.
Author: Sergio Carrera
Publisher: BRILL
ISBN: 9004354239
Category : Law
Languages : en
Pages : 417
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Book Description
This collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.
