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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.
This textbook provides an explanatory and contextual view of EU law
and its impact in a simple and easily accessible yet analytical
manner. It illustrates the power struggles behind a given EU law
act, to allow for full understanding of how it developed. This
allows the student to understand EU law as a force in the
increasingly globalized world, rather than as technical and
doctrinal subject. The textbook begins by setting the scene of EU
integration, how we got there and why it is important. Thereafter
it explores the constitutional framework for understanding EU law
in context and by discussing inter alia, division of competences,
accountability, legitimacy, enforcement, human rights,
participation rights and so on as well as the general principles of
the EU and citizenship rights. Subsequently the textbook explores
the essentials of the internal market as well as the principles of
competition law. It also discusses free movement rights and links
to the growing "Area of Freedom, Security and Justice". Finally the
textbook offers fresh insights on the external dimension of EU law
and the role of the EU in the world today before concluding with an
outlook on the future of EU law including the consequences of
events such as Brexit.
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.
This book explores the implications of freedom as a
non-domination-oriented view for understanding EU security
regulation and its constitutional implications. At a time when the
European borders are under pressure and with the refugee and
migration crisis, which escalated in 2015, the idea of exploring a
constitutional theory for the 'Area of Freedom, Security and
Justice' (AFSJ) might seem to be a utopian project. This appears
especially true in the light of the increased threat of terrorism
in Europe (and on a global scale) and where the expanding EU
security agenda is often advanced through the administrative law
path, in contrast to the constitutional trajectory. Add to this the
prolonged financial crisis, which continues to cast a long shadow
on the future development of EU integration, and which suggests
that Europe needs to 're-invent itself' beyond the sphere of
economics. Therefore, it is precisely because of the current
uncertainties regarding the progress of the EU and the
constitutional law project that a constitutional take on the AFSJ
is of particular importance. The book investigates the meaning of
non-domination and the idea of justice and justification in the
area of EU security regulation. In doing so, it focuses on the
development of an AFSJ, what it means, and why it represents a
fascinating example of contemporary constitutional law with
interacting layers of security regulation, human rights law and
transnational legal theory at its core.
Constitutionalism Justified analyzes leading Frankfurt School
theorist Rainer Forst's theory of a basic right to justification,
unique in combining insights from philosophy, constitutionalism,
and legal theory. Drawing upon Kant's critical philosophy and
Habermas's discourse theory, he has developed fresh perspectives on
core topics like the concept of justice, the relation between
modernity and emancipation, and human rights. The contributors to
this volume explore Forst's work from three different perspectives:
philosophy, legal philosophy, and constitutional theory. The first
part of this volume addresses the philosophical argument of the
basic right to justification, including the influence of Kantian
thought on this right, the deontological versus teleological
fundamentals, the tension between moral pluralism and universalism,
and the relation of the right to justification with social and
distributive justice. The second part covers how the right to
justification is embedded in constitutional and legal frameworks.
It explores the implications that Forst's right to justification
has for conceptualizing constitutional democracy and its
foundations, and how the moral right to justification may translate
into particular practices of justification that are constrained by
a legal framework. This includes discussion of the value of
constitutionalism in general, of the relation between the formal
structure of democracy and substantive justice, of the inclusion of
outsiders to the constitutional setting, and of proportionality
analysis and judicial review as forms of justification. The book
concludes with Rainer Forst's reply to his interlocutors, making
the book a valuable source for future research.
The European Union regime for fighting market manipulation and
insider trading - commonly referred to as market abuse - was
significantly reshuffled in the wake of the financial crisis of
2007/2008 and new legal instruments to fight market abuse were
eventually adopted in 2014. In this monograph the authors identify
the association between the financial crisis and market abuse,
critically consider the legislative, policy and enforcement
responses in the European Union, and contrast them with the
approaches adopted by the United States of America and the United
Kingdom respectively. The aftermath of the financial crisis,
ongoing security concerns and increased legislation and policy
responses to the fight against irregularities and market failures
demonstrate that we need to understand, in context, the regulatory
responses taken in this area. Specifically, the book investigates
how the regulatory responses have changed over time since the start
of the financial crisis. Market Manipulation and Insider Trading
places the fight against market abuse in the broader framework of
the fight against white collar crime and also considers some
associated questions in order to better understand the contemporary
market abuse regime.
The European Union regime for fighting market manipulation and
insider trading - commonly referred to as market abuse - was
significantly reshuffled in the wake of the financial crisis of
2007/2008 and new legal instruments to fight market abuse were
eventually adopted in 2014. In this monograph the authors identify
the association between the financial crisis and market abuse,
critically consider the legislative, policy and enforcement
responses in the European Union, and contrast them with the
approaches adopted by the United States of America and the United
Kingdom respectively. The aftermath of the financial crisis,
ongoing security concerns and increased legislation and policy
responses to the fight against irregularities and market failures
demonstrate that we need to understand, in context, the regulatory
responses taken in this area. Specifically, the book investigates
how the regulatory responses have changed over time since the start
of the financial crisis. Market Manipulation and Insider Trading
places the fight against market abuse in the broader framework of
the fight against white collar crime and also considers some
associated questions in order to better understand the contemporary
market abuse regime.
The overarching objective of this volume is to discuss and critique
the legal regulation of human trafficking in national and
transnational context. Specifically, discussion is needed not only
with regard to the historical and philosophical points of departure
for any criminalisation of trafficking, but also, regarding the
societal and social framework, the empirical dimension such as
existing statistics in the area, and the need for more data. The
book combines descriptive and normative analyses of the crime of
trafficking in human beings from a cross-legal perspective.
Notwithstanding the enhanced interest for human trafficking in
politics, the public and the media, a critical perspective such as
the one pursued herewith has so far been largely absent. Against
this background, this approach allows for theoretical findings to
be addressed by pointing out and elaborating different,
interdisciplinary conflicts and inconsistencies in the regulation
of human trafficking. The book discusses the phenomenon of human
trafficking critically from various angles, giving it 'shape' and
showing how it comes to life in the legal regulation.
This book explores the implications of freedom as a
non-domination-oriented view for understanding EU security
regulation and its constitutional implications. At a time when the
European borders are under pressure and with the refugee and
migration crisis, which escalated in 2015, the idea of exploring a
constitutional theory for the 'Area of Freedom, Security and
Justice' (AFSJ) might seem to be a utopian project. This appears
especially true in the light of the increased threat of terrorism
in Europe (and on a global scale) and where the expanding EU
security agenda is often advanced through the administrative law
path, in contrast to the constitutional trajectory. Add to this the
prolonged financial crisis, which continues to cast a long shadow
on the future development of EU integration, and which suggests
that Europe needs to 're-invent itself' beyond the sphere of
economics. Therefore, it is precisely because of the current
uncertainties regarding the progress of the EU and the
constitutional law project that a constitutional take on the AFSJ
is of particular importance. The book investigates the meaning of
non-domination and the idea of justice and justification in the
area of EU security regulation. In doing so, it focuses on the
development of an AFSJ, what it means, and why it represents a
fascinating example of contemporary constitutional law with
interacting layers of security regulation, human rights law and
transnational legal theory at its core.
The overarching objective of this volume is to discuss and critique
the legal regulation of human trafficking in national and
transnational context. Specifically, discussion is needed not only
with regard to the historical and philosophical points of departure
for any criminalisation of trafficking, but also, regarding the
societal and social framework, the empirical dimension such as
existing statistics in the area, and the need for more data. The
book combines descriptive and normative analyses of the crime of
trafficking in human beings from a cross-legal perspective.
Notwithstanding the enhanced interest for human trafficking in
politics, the public and the media, a critical perspective such as
the one pursued herewith has so far been largely absent. Against
this background, this approach allows for theoretical findings to
be addressed by pointing out and elaborating different,
interdisciplinary conflicts and inconsistencies in the regulation
of human trafficking. The book discusses the phenomenon of human
trafficking critically from various angles, giving it 'shape' and
showing how it comes to life in the legal regulation.
Criminal law is one of the most rapidly changing areas of
contemporary EU law and integration. The Treaty of Lisbon has
elevated it to a central place in the constitution of the EU,
within the dynamic area of freedom, security and justice. The
phenomenon of EU criminal law as such is however far from new but
has developed on an ad hoc basis, not least as a result of the case
law of the European Court of Justice. Central to the Court's
reasoning in this area has been the principle of effectiveness. A
main theme running through the book is therefore the role of the
axiom of effectiveness, which is critically examined, with
particular attention to its use by the European Ccurt of Justice in
recent leading cases. This book explores the constitutional
principles underlying it, both those determining the substantive
values it embodies, and those determining its scope and extent.
Other chapters consider the phenomenon of preventative
criminalisation at EU level and the protection of subsidiarity and
proportionality in EU criminal law. The balance between effective
EU action, proper control of competence and adequate protection of
individual rights is of growing importance as EU criminal law
expands, but, as this book suggests, has not yet been fully
articulated or entrenched by the institutions of the EU.
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