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Europe's Area of Freedom, Security, and Justice (Hardcover)
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Europe's Area of Freedom, Security, and Justice (Hardcover)
Series: Collected Courses of the Academy of European Law
Expected to ship within 12 - 17 working days
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This collection brings together leading specialists in the areas of
European Union law which are now organized under the Area of
Freedom, Security and Justice (AFSJ). The concept of the AFSJ was
introduced into the EU Treaty framework by the Treaty of Amsterdam
in 1997, and it incorporates migration law, family reunion law,
asylum law, police cooperation, and cooperation in criminal law.
Each of these areas of law is the subject of an in-depth
examination in a separate chapter of this book. The early years of
the AFSJ, building upon a substantial body of law already in place
under the Treaty of Maastricht and various intergovernmental
arrangements, have witnessed a rapid expansion in legislative and
executive activity in the field of European internal security. In
migration law, family reunion law, asylum law, police co-operation,
and co-operation in criminal law, the scale and intensity of action
at the supranational level is already such as to overturn
longstanding assumptions about the priority of national law in
matters of migration control and criminal justice. An introductory
chapter examines the various policy strands covered by the AFSJ;
investigates what, if anything, can be viewed as its distinctive
legal underpinning; and discusses its possible future development
in the light of current discussions over the adoption of a first
documentary Constitution for the European Union. In addition to
setting out the main contours of legal policy, each chapter
examines the continuing tension between national sovereignty on the
one hand and a growing commitment to collective, EU-wide action on
the other. The volume also addresses the wider constitutional
implications of a growing supranational capacity in questions of
the priority of political values in the evolving EU; fundamental
rights protection; the control of new forms of executive and
administrative discretion; and the pressures of accommodating the
ten new Enlargement states within the internal security field.
General
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