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Author: Cian C Murphy Publisher: Bloomsbury Publishing ISBN: 1847319602 Category : Law Languages : en Pages : 282
Book Description
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013
Author: Maria O'Neill Publisher: Routledge ISBN: 1136493832 Category : Law Languages : en Pages : 388
Book Description
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.
Author: Cian C Murphy Publisher: Bloomsbury Publishing ISBN: 1847319602 Category : Law Languages : en Pages : 282
Book Description
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013
Author: Ana Salinas de Frias Publisher: Council of Europe ISBN: 928717685X Category : Political Science Languages : en Pages : 464
Book Description
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Author: Christina Eckes Publisher: Oxford University Press ISBN: 019957376X Category : Law Languages : en Pages : 514
Book Description
Of individual sanctions could comply with general principles of EU law. Readership: Academics, graduate students, and practitioners interested in sanctions against individuals.
Author: Nikoletta Karaliota Publisher: BRILL ISBN: 9004424636 Category : Law Languages : en Pages : 86
Book Description
This study analyses the modern EU counter-terrorism trends, focusing on two parallel axes: (a) the repressive one, where new criminal offences related to terrorist activity (receiving training for terrorism, terrorist financing, travelling and facilitating travelling for the purpose of terrorism) have been instituted, and (b) the preventive one, where establishing a framework of provisions aiming to deter terrorist financing prevails. After critically evaluating EU's interventions in both axes, the study concludes by noting a ‘paradigm shift’ between repression and prevention in the field of countering terrorism, while suggesting proposals on a transposition of Directive (EU) 2017/541 into national legislations that adheres to the fundamental EU law principles, and a preventive control over terrorist financing that abides by the rule of law.
Author: Kent Roach Publisher: Cambridge University Press ISBN: 1107057078 Category : Law Languages : en Pages : 839
Book Description
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Author: Laura C. Ferreira-Pereira Publisher: Routledge ISBN: 1134929978 Category : History Languages : en Pages : 155
Book Description
This book contributes to the understanding of the counter-terrorism (CT) policy of the European Union (EU) by offering a set of analyses focusing on its external dimension. Whilst calling for the combination of internal and external policies as well as cooperation with third countries and international institutions, the external dimension of EUCT challenges previous assumptions on the functioning of the EU and offers new testing ground for the latest theoretical and methodological approaches. This volume provides the first systematic assessment of the external dimension of EUCT. It covers transatlantic counter-terrorism cooperation, the interaction between EU institutions and policies, theoretical debates on EU actorness in counter-terrorism and the role of judicial institutions in international counter-terrorism. Furthermore, it draws attention to the need for engaging in new discussions over the post-Lisbon Treaty Common Foreign and Security Policy (CFSP), the international fight against terrorism, and the way international actors cooperate and compete on the security arena. It will be of interest for both academics and practitioners working on EU foreign policy, transatlantic relations and international counter-terrorism. It will also be of interest for students and journalists specialized on European and international affairs. This book was published as a special issue of European Security.
Author: Ethem Ilbiz Publisher: Edward Elgar Publishing ISBN: 1800379579 Category : Political Science Languages : en Pages : 240
Book Description
This perceptive analysis examines the effect of the EU on Turkish counter-terrorism polices towards the Kurdistan Workers Party (PKK) and the Islamic State (ISIL), and aims to investigate the extent to which the EU has developed the capacity to play a role in Turkish counter-terrorism policy through promoting democratisation.
Author: Christopher Baker-Beall Publisher: Manchester University Press ISBN: 1526100827 Category : Political Science Languages : en Pages : 244
Book Description
This book examines the language of the European Union's response to the threat of terrorism. Since its re-emergence in the wake of the September 11 attacks, the 'fight against terrorism' has come to represent a priority area of action for the EU. Drawing on interpretive approaches to international relations, the book outlines a discourse theory of identity and counter-terrorism policy, showing how the 'fight against terrorism' structures the EU's response through the prism of identity, drawing our attention to the various 'others' that have come to form the target of counter-terrorism policy. Through an extensive analysis of the wider societal impact of the 'fight against terrorism' discourse, the various ways in which this policy is contributing to the 'securitisation' of social and political life within Europe are revealed.
Author: Oldrich Bures Publisher: Routledge ISBN: 1317140419 Category : Political Science Languages : en Pages : 290
Book Description
Although there is a vast body of literature covering the ongoing debates concerning the novelty and gravity of the contemporary terrorist threat, as well as the most appropriate response to it, few authors have thus far analysed the complex set of counterterrorism measures that both the individual Member States and the European Union (EU) have attempted to develop. This volume offers a critical analysis of the measures the European Union has taken to combat terrorism and how, in a number of key areas, EU counterterrorism policy is more of a paper tiger than an effective counterterrorism device. Several legal EU counterterrorism instruments have not been properly implemented at the national level and questions have been raised regarding their effectiveness, appropriateness, and proportionality. The capabilities of EU agencies in the area of counterterrorism remain rather weak and the EU Counterterrorism Coordinator does not have any real powers apart from persuasion. However, this does not mean that EU level action cannot offer any value-added in the fight against terrorism. There are several areas where the EU can provide genuine value-added in the fight against terrorism due to the transnational nature of the contemporary terrorist threat and the nature of a borderless Europe.
Author: Cian C Murphy
Author: Maria O'Neill
Author: Cian C Murphy
Author: Ana Salinas de Frias
Author: Christina Eckes
Author: Nikoletta Karaliota
Author: Kent Roach
Author: Laura C. Ferreira-Pereira
Author: Ethem Ilbiz
Author: Christopher Baker-Beall
Author: Oldrich Bures