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The coming into force of the Lisbon Treaty has provided the EU with
new powers in the fields of criminal law and security law while
reinforcing existing powers in immigration and asylum law. The
Stockholm Programme is the latest framework for EU action in the
field of justice and home affairs. It includes a range of new
legislation in the fields of immigration and asylum, substantive
criminal law, criminal procedure and co-operation between national
criminal justice systems. The combination of the new treaty and
programme have made security and justice key areas of legislative
growth in the EU. This volume brings together a range of leading
scholars, as well as some of the most interesting new voices in the
debate, to examine the state of EU security and justice law after
the Lisbon Treaty and the Stockholm Programme. It provides a
critical examination of EU law in the fields of immigration,
asylum, counter-terrorism, citizenship, fundamental rights and
external relations. The book also examines the evolving roles of
the EU institutions and criminal justice agencies. It provides a
critical account of EU law in this field under the developing
constitutional and institutional settlement.
Law and Outsiders is a collection of essays examining cutting edge
developments in law. Thirteen essays from leading young scholars
cover five important areas of legal scholarship: adjudication,
European law and politics, migration, vulnerable minorities, and
legal values. The recurring theme in the volume is the way in which
rules and processes are contributing to the creation of 21st
Century 'others' in areas such as domestic constitutional systems,
international security and migration, and global human rights
discourses. The essays are drawn from the second International
Graduate Legal Research Conference, held at King's College, London
in June 2008.
This study of the EU response to the 11 September 2001 attacks
demonstrates how European counter-terrorism law strengthens state
powers of coercion and control and weakens the rule of law. In this
expanded edition a new Afterword examines mass surveillance in
Europe and the implications for data privacy, the increasing court
scrutiny of counter-terrorist finance measures, and policies that
aim to prevent combatants from taking part in terrorism overseas.
It asks where the limits of legality lie - and whether courts and
parliaments can safeguard political freedom in the face of ongoing
efforts to combat terrorism. ' ... expertly analyses the principal
strands of the EU's response - criminalisation, measures against
terrorist financing, targeted sanctions, data surveillance and
European Warrants ... Unique in its range and its depth, this is
the essential guide to EU counter-terrorism law'. David Anderson
QC, Independent Reviewer of Terrorism Legislation ' ... a
comprehensive treatise on the European Union's tightening net of
legal instruments aiming to constrain terrorism ... presents the
law within its political and philosophical context ...'. Christina
Eckes, Public Law ' ... impressively ahead of its time: coming
before the Snowden revelations of quite how far counter-terrorism
has been prepared to go, Murphy's book both prepares us for shocks
like this and suggests a way that Europe can (and should) react'.
Conor Gearty, Cambridge Law Journal
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
Getting a PhD in Law is a unique guide to obtaining the degree of
Doctor of Philosophy of Law in the UK. While there are a wide range
of study guides for PhD students in the social sciences and other
science-based disciplines, there is very little information
available on the process of obtaining a PhD in law. Research
degrees in law share some attributes with those in related
disciplines, such as the humanities and social sciences. However,
the legal methodology and the place of the PhD in the young
lawyer's career creates unique challenges that have not been
addressed by existing guides. Getting a PhD in Law fills this gap,
providing an accessible guide to the process, from topic selection
to thesis publication. This readable and informative guide is
written by two graduates of the successful PhD program at the
School of Law, King's College London. The book draws on interviews
and case studies with students, supervisors, and examiners. Getting
a PhD in Law will be essential reading for the growing numbers of
PhD students in the UK's many law schools, as well as those
internationally who wish to learn from the UK's best practice.
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