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The European Arrest Warrant and EU Citizenship - EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure (Hardcover, 1st ed. 2022)
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The European Arrest Warrant and EU Citizenship - EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure (Hardcover, 1st ed. 2022)
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This book offers an in-depth analysis of the relationship between
EU citizenship, the European arrest warrant (EAW), and the legality
principle. It focuses on the role of the EAW in relation to two
foreseeability problems with which EU citizens - especially those
who exercise free movement rights - could be confronted. These
problems concern the foreseeability of specific national criminal
laws at the time of the offense on the one hand and forum decisions
on the other. The first part of the book addresses the extent to
which these foreseeability problems and the role of the EAW therein
are viewed as legality problems at the EU level and in three
national legal orders (the Netherlands, Germany, and England and
Wales). In turn, the second part of the book critically examines
the current scope and content of the legality principle in light of
the EU's objective to offer its citizens an Area of Freedom,
Security and Justice (AFSJ) in which both safety and free movement
are guaranteed. As EU citizens often encounter foreseeability
problems when exercising their free movement rights, it is argued
that they should be protected by a transnational framework of
fundamental rights. The book subsequently makes recommendations for
a transnational interpretation of the legality principle, one which
fits the normative context of the AFSJ as described in Article 3(2)
TEU. On the basis of the evolution of EU citizenship over time, the
book also develops two EU citizenship narratives and explains how
they could contribute to transnational fundamental rights
protection and a solution to foreseeability problems. With regard
to arriving at concrete solutions, the book offers recommendations
for EU legislation that could adequately remedy foreseeability
problems and the role of the EAW therein.
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