the evolving eu counter terrorism legal framework routledge research in eu law

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The Evolving Eu Counter Terrorism Legal Framework

Author : Maria O'Neill
ISBN : 9781136493836
Genre : Law
File Size : 20. 63 MB
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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
ISBN : 9781317524649
Genre : Political Science
File Size : 80. 59 MB
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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.

Global Data Protection In The Field Of Law Enforcement

Author : Cristina Blasi Casagran
ISBN : 9781317223276
Genre : Law
File Size : 29. 69 MB
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This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.

European Perspectives On Environmental Law And Governance

Author : Suzanne Kingston
ISBN : 9781136218897
Genre : Law
File Size : 26. 58 MB
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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.

Legislative Approximation And Application Of Eu Law In The Eastern Neighbourhood Of The European Union

Author : Roman Petrov
ISBN : 9781134441938
Genre : Law
File Size : 36. 88 MB
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This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.

The European Union As An Area Of Freedom Security And Justice

Author : Maria Fletcher
ISBN : 9781317573227
Genre : Law
File Size : 80. 58 MB
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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. 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.

Domestic Counter Terrorism In A Global World

Author : Daniel Alati
ISBN : 9781134850389
Genre : Law
File Size : 36. 65 MB
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Although both Canada and the United Kingdom had experienced terrorism prior to the attacks of 9/11 and already had in place extensive provisions to deal with terrorism, the events of that day led to the enactment of new and expansive counter-terrorism legislation being enacted in both jurisdictions. This book explores these changes to counter-terrorism laws and policies in the United Kingdom and Canada in order to demonstrate that despite the force of international legal instruments, including the heavily scrutinized UN Security Council Resolution 1373, the evolution of counter-terrorism policies in different jurisdictions is best analysed and understood as a product of local institutional structures and cultures. The book compares legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution of post-9/11 counter-terrorism measures in the two jurisdictions and explores the domestic reasons for them. While focus is primarily geared towards security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the United Kingdom , the use of secret evidence in the wider national security context (terrorist listing, civil litigation, criminal prosecutions, etc.) is also discussed. The book reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture and geopolitical relationships all influence how counter-terrorism measures evolve. In this sense, the book utilizes a methodology that is both comparative and interdisciplinary by engaging in legal, political, historical and cultural analyses. This book will be particularly useful for target audiences in the fields of comparative law and criminal justice, counter-terrorism law, human rights law and international relations and politics.

Routledge Handbook On The European Union And International Institutions

Author : Knud Erik Jørgensen
ISBN : 9780415539463
Genre : Political Science
File Size : 38. 17 MB
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While the EU has championed "effective multilateralism" and experienced a dramatic internal reform process to improve its performance in external relations, broader multilateral processes have also undergone dramatic change. This handbook addresses the increasingly contested issue of profound political importance: Europe's presence in multilateral institutions. It assesses both the evolving role of Europe in international institutions, and the transformations in international institutions themselves. Acknowledging that the category of international institutions comprises a highly diverse field of multilateral engagements this handbook presents a state of the art approach that analyzes both what we have learned about the EU and international institutions as well as identifying promising avenues for further research. The handbook is divided into six parts: Part I examines the EU's diplomatic and legal personality in international relations that constitutes the internal foundation for the EU's engagement with international institutions. Part II assesses how EU multilateralism intersects with other international institutions and provides a means to assess the performance of international institutions as well as the EU itself in multilateral processes. Part III focuses on the EU's participation with key institutions within the general UN system, such as the UN Security Council and the Human Rights Council as well as specific policy domains such as human rights across UN institutions. Part IV focuses on EU relations with wide range of international organizations in a variety of fields, from organizations in economic and security realms to environmental institutions and specialized agencies. Part V focuses on the EU's engagement in a broad spectrum of issue-specific international agreements and international regimes, addressing issues such as non-proliferation of WMDs, climate change, information technology, and the emerging Gx-system (G7, G8, G20 etc). Part VI examines broader contextual factors that influence the relationship between the EU and international institutions, including the evolution of multilateralism, the trans-Atlantic relationship, global norms and the emergence of multipolarity. This comprehensive volume brings together scholars and practitioners to summarize and synthesize existing knowledge in the field. It will be of great interest to students and scholars of European politics, the EU's external relations, international relations, international organizations and international political economy.

Challenges And Critiques Of The Eu Internal Security Strategy

Author : Maria O’Neill
ISBN : 9781527504325
Genre : Political Science
File Size : 54. 36 MB
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This collection of papers examines a variety of areas and issues related to, or raised by, the EU Internal Security Strategy. It covers such matters as critical infrastructure protection and environmental crime, from a range of disciplinary perspectives, including law, geography and politics. The EU Internal Security Strategy is becoming increasingly complex as it develops over time, as it has to operate against the background of growing diversity in law enforcement systems across EU member states. It is clear that the EU Internal Security Strategy is, and will continue to be for a long time, a work in progress, not only in its aim to address traditional transnational security threats, but also in reacting to emerging concerns, either in new crime areas or issues arising from the implementation of earlier phases of the strategy. This will be a subject matter for many academic discipline areas for some time to come.

The Routledge Handbook Of Justice And Home Affairs Research

Author : Ariadna Ripoll Servent
ISBN : 113818375X
Genre : European Union countries
File Size : 28. 62 MB
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Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics.

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