Results 1 to 10 of about 90 (88)

Tackling Migration Externally Through the EU Common Foreign and Security Policy: A Question of Legal Basis

European Papers, 2023
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 959-984 | Article | (Table of Contents) I. Introduction. – II. Background: setting CFSP/CSDP missions on migration. – III.
Paula García Andrade
doaj   +1 more source

The European Parliament’s Oversight of the Agencies of the Area of Freedom, Security and Justice. Where are we Now and Where are we Heading

Cuadernos Europeos de Deusto, 2022
Despite becoming a legislative actor comparable to the Council after the entry into force of the Lisbon Treaty, the European Parliament (EP) still lacks the power to effectively scrutinize the implementation of the European Union (EU) law and policies ...
Lucas J. Ruiz Díaz
doaj   +1 more source

Punching Below Its Weight: The Role of the European Parliament in Politicised Consultation Procedures

Politics and Governance, 2021
With Lisbon, the European Parliament formally acquired an equal standing to that of the Council of the EU in the making of policies in the AFSJ (area of freedom, security and justice). However, the growing political salience of policy issues at stake and
Maria Chiara Vinciguerra
doaj   +1 more source

Friend Zone Forever? The Essence of and Justifications for the EU's Decision‐Making Autonomy

JCMS: Journal of Common Market Studies, Volume 61, Issue 6, Page 1622-1638, November 2023., 2023
Abstract The expansion of the European Union's (EU) regulatory sphere creates conflicts of sovereignty between the EU and its member states, and third countries that lack a possibility to participate in the making of those laws and policies. The conflict is epitomised in the concept of the Union's decision‐making autonomy.
Marja‐Liisa Öberg
wiley   +1 more source

The EU external border as a site of preventive (in)justice

European Law Journal, Volume 28, Issue 4-6, Page 263-280, July-November 2022., 2022
Abstract The aim of the article is to fill a gap in the literature on the externalisation of immigration control by focusing not on practices of extraterritorial immigration control but on the externalisation of immigration control at the EU external border.
Valsamis Mitsilegas
wiley   +1 more source

The European Arrest Warrant in a context of distrust: Is the Court taking rights seriously?

European Law Journal, Volume 28, Issue 4-6, Page 218-233, July-November 2022., 2022
Abstract During a time of distrust towards some Member States, the position of fundamental rights when executing a European Arrest Warrant (EAW) has been strengthened. The article considers whether the European Court of Justice (ECJ) is now ‘taking rights seriously’ as regards the EAW.
Ermioni Xanthopoulou
wiley   +1 more source

The Externalisation of the EU's Cybersecurity Regime: The Cyber Diplomacy Toolbox

European Papers, 2022
(Series Information) European Papers - A Journal on Law and Integration, 2022 7(1), 413-438 | Article | (Table of Contents) I. Introduction. - II. Cybersecurity as internal market resilience. - III.
Yuliya Miadzvetskaya, Ramses A. Wessel
doaj   +1 more source

A theory of justice? Securing the normative foundations of EU criminal law through an integrated approach to independence

European Law Journal, Volume 27, Issue 4-6, Page 477-501, November 2021., 2021
Abstract This paper raises the question as to whether a theory of justice exists in EU law. The focus is on justice as a system. The assumption is that the independence of institutional actors involved in the administration of criminal justice (mainly judges and prosecutors) vis‐à‐vis each other, and other State powers, is key to that system achieving ...
Leandro Mancano
wiley   +1 more source

Constitution and development of the European Union's penal jurisdiction: Responsibility, self‐reference and attribution

European Law Journal, Volume 27, Issue 4-6, Page 441-462, November 2021., 2021
Abstract This article looks at how and why the EU has been/can be endowed with powers over criminal matters, within the framework of the theory of jurisdiction. It examines the extent to which the specific responsibility of the EU for the protection of certain legal interests justifies the establishment of a (peripheral) jurisdiction. Member States (MS)
Pedro Caeiro
wiley   +1 more source

Normative justifications of EU criminal law: European public goods and transnational interests

European Law Journal, Volume 27, Issue 4-6, Page 408-425, November 2021., 2021
Abstract EU policy‐making in criminal law is a matter of significant public concern for EU citizens and the Member States. The exercise of EU public powers in the fields of criminal law and law enforcement have tangible and adverse consequences for the liberties and well‐being of individuals.
Jacob Öberg
wiley   +1 more source