The Constitutional Structure Of Europe S Area Of Freedom Security And Justice And The Right To Justification
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The Constitutional Structure Of Europe S Area Of Freedom Security And Justice And The Right To Justification
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Author : Ester Herlin-Karnell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-04-18
The Constitutional Structure Of Europe S Area Of Freedom Security And Justice And The Right To Justification written by Ester Herlin-Karnell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-18 with Law categories.
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice
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Author : Ermioni Xanthopoulou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-30
Fundamental Rights And Mutual Trust In The Area Of Freedom Security And Justice written by Ermioni Xanthopoulou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Law categories.
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.
Mass Data Surveillance And Predictive Policing
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Author : Plixavra Vogiatzoglou
language : en
Publisher: Taylor & Francis
Release Date : 2025-01-29
Mass Data Surveillance And Predictive Policing written by Plixavra Vogiatzoglou and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-29 with Political Science categories.
This book critically assesses legal frameworks involving the bulk processing of personal data, initially collected by the private sector, to predict and prevent crime through advanced profiling technologies. In the European Union (EU), mass data surveillance currently engages three sectors: electronic communications (under the e-Privacy Directive), air travelling (under the Passenger Name Records Directive), and finance (under the Anti-Money Laundering Directive), and increasingly intersects with the deployment of predictive policing techniques. The book questions the legitimacy and impact of these frameworks in light of the EU’s powers to provide security while safeguarding fundamental rights, particularly privacy, data protection, e-ective remedy, fair trial, and presumption of innocence. Focusing on the security shift towards forestalling crime before it occurs, the book identifies its distinct characteristics, such as the blurred lines between the public and private sector actors, and interrogates whether the legal bases and traditional theories on security can account for it. The book further explores the challenges these pre-crime practices pose, including their questionable e-ectiveness and the ambiguous application of human rights safeguards in situations where no crime has been committed, yet individuals face consequences as a result of deploying predictive analytics on mass amounts of commercially collected personal data. In examining the interference with several fundamental rights, the book also highlights aspects neglected by the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, such as the expansive nature and the collective and cumulative e-ects of these frameworks.
White Collar Crime And Risk
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Author : Nic Ryder
language : en
Publisher: Springer
Release Date : 2017-12-06
White Collar Crime And Risk written by Nic Ryder and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-06 with Social Science categories.
This edited collection provides an innovative and detailed analysis of the relationship between the financial crisis, risk and corruption. A large majority of the published research has concentrated on identifying the traditional factors that contributed towards the largest financial crisis since the Wall Street Crash and subsequent Great Depression. This original volume contests this, and provides the alternative view that white collar crime was also an underappreciated, and important factor. Divided into five parts: bribery and corruption; financial crime; market manipulation; technology and white collar crime; and the financial crisis, and based on contributions by a wide range of experts in the field, this book will be of great interest to policy makers and practitioners, researchers and students alike.
The Legitimacy Of Eu Criminal Law
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Author : Irene Wieczorek
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-07-09
The Legitimacy Of Eu Criminal Law written by Irene Wieczorek and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with Law categories.
This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.
Research Handbook On Eu Migration And Asylum Law
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Author : Evangelia Tsourdi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-08
Research Handbook On Eu Migration And Asylum Law written by Evangelia Tsourdi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-08 with Law categories.
This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
The Routledge Handbook Of Justice And Home Affairs Research
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Author : Ariadna Ripoll Servent
language : en
Publisher: Routledge
Release Date : 2017-11-22
The Routledge Handbook Of Justice And Home Affairs Research written by Ariadna Ripoll Servent and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-22 with Political Science categories.
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.
European Migration Law
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Author : Daniel Thym
language : en
Publisher: Oxford University Press
Release Date : 2023
European Migration Law written by Daniel Thym and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
European Migration Law explores the growth of EU migration law in both legislative and judicial developments. It analyses the general framework behind the EU rules of migration, the significance of human rights in policy making, and explores the legislation surrounding key issues including entry into EU territory, border controls, and asylum.
The Public Uses Of Coercion And Force
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Author : Ester Herlin-Karnell
language : en
Publisher: Oxford University Press
Release Date : 2021-07-16
The Public Uses Of Coercion And Force written by Ester Herlin-Karnell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-16 with Law categories.
The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law. The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.
Constitutionalism Justified
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Author : Ester Herlin-Karnell
language : en
Publisher:
Release Date : 2020
Constitutionalism Justified written by Ester Herlin-Karnell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
This volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions address issues such as the philosophical foundations of justification and constitutionalism, the justification of human rights, the requirements of social justice, and important elements of constitutional law. Forst responds to the contributions in a concluding chapter.