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.
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Maria Fletcher is Senior Lecturer in European Law at the University of Glasgow. Her research interests lie in the field of EU AFSJ law and EU constitutional law more generally. She is co-author of the first book published in English on EU Criminal Law and Justice (Edward Elgar, 2008, with Robin Loeoef and William Gilmore) and has undertaken funded research and published widely on EU criminal, immigration and asylum and citizenship law.
Ester Herlin-Karnell is the Co-director of the VU Centre for European Legal Studies and Professor and Research Chair in EU Constitutional Law and Justice. She holds a DPhil from Oxford University. She has published widely on AFSJ law. Her recent publications include a monograph on the Constitutional Dimension of European Criminal Law (Hart Publishing, 2012).
Claudio Matera is Assistant Professor for the Chair of International and European Law and Government at the University of Twente (NL). His research and publica- tions focus on the external dimension of the AFSJ.
Foreword Prof. Dr. Koen Lenaerts, President of the Court of Justice of the European Union
Introduction. Maria Fletcher, Ester Herlin-Karnell and Claudio Matera.
Part I: The EU as an Area of Freedom, Security and Justice
The Rise and Fall of EU Justice and Home Affairs Law, Steve Peers, University of Essex
Sketches of a theory of Europe as an Area of Freedom, Security and Justice. Massimo Fichera, University of Helsinki
Human rights and the Area of Freedom, Security and Justice. Dorota Leczykiewicz, University of Oxford
Part II: EU Criminal law
The mutual recognition principle and EU criminal law. Anne Weyembergh and Inès Armada, ULB Brussels
The European Arrest Warrant, constitutional rights and the changing legal thinking: values once recognised lost in transition to the EU level? Anneli Albi, University of Kent
The Future of a European Public Prosecutor in the Area of Freedom, Security and Justice. Gerard Conway, Brunel University
Legislating for Human Rights After Lisbon: The Transformative Effect of EU Measures on the Rights of the Individual in Criminal Procedure. Valsamis Mitsilegas, Queen Mary University
Part III: Border controls, Immigration, Asylum and AFSJ paradigms
Frontex and the European System of Border Guards: the Future of European Border Management. Jorrit Rijpma, University of Leiden
The Rule of Life: Family Reunification in EU Mobility and Migration Laws. Dora Kostakopoulou, University of Warwick and Ariadna Ripoll University of Bamberg
The Common European Asylum System - Where Did it All Go Wrong? Cathryn Costello, Oxford University and Minos Mouzourakis, European Council on Refugees and Exiles (ECRE)
Part IV: Civil law cooperation:
Civil Justice - Constitutional and Regulatory Issues Revisited Eva Storskrubb, University of Uppsala
'Multiple Faces of Mutual Recognition: Unity and Diversity in Regulating Enforcement of Judgements in the European Union'. Vesna Lazic, University of Utrecht and University of Rijeka
Part V: External dimension and impact
An External Dimension of the AFSJ? Some reflections on the nature and scope of the externalisation of the AFSJ domains. Claudio Matera, University of Twente
The EU Anti-terrorism policy in its external AFSJ dimension: democratic accountability and human rights protection in the post Lisbon Treaty era. Sara Poli, Università di Pisa
Is there a Transatlantic Security Strategy? Area of Freedom, Security and Justice Law and its Global Dimension. Ester Herlin-Karnell, VU University Amsterdam & Maria Fletcher, University of Glasgow
Part VI: Legal challenges of network governance within the Area of Freedom, Security and Justice
Understanding JHA agencies in context: where does Eurojust lie in the constitutional architecture of the Area of Freedom Security and Justice? Irene Wieczorek, VUB
The European Union's fight against cybercrime: policy, legal and practical challenges. Helena Carrapiço, Aston University and Benjamin Farrand, University of Strathclyde
Entrenching the Area of Freedom, Security and Justice: Questions of Institutional Governance and Judicial Control. Henri de Waele, University of Nijmegen
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