Results 11 to 20 of about 138 (120)

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

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

When Trust Fades, Facebook Is No Longer a Friend: Shifting Privatisation Dynamics in the Context of Cybersecurity as a Result of Disinformation, Populism and Political Uncertainty

JCMS: Journal of Common Market Studies, Volume 59, Issue 5, Page 1160-1176, September 2021., 2021
Abstract This article discusses how populism and political uncertainty are impacting on one of the main current trends in the Area of Freedom, Security and Justice, namely the privatisation of JHA. Through an exploration of a cybersecurity policy case study, the article proposes to understand how the privatisation of internal security, which has ...
Helena Carrapico, Benjamin Farrand
wiley   +1 more source

Fundamental Rights as Constraints to and Triggers for Differentiated Integration

Swiss Political Science Review, Volume 27, Issue 3, Page 637-653, September 2021., 2021
Abstract When looking for possible constraints on Differentiated Integration, the fundamental values of the European Union (EU) seem an obvious starting point. Both the Charter of Fundamental Rights and the values articulated in Art. 2 TEU are cross‐cutting across EU states.
Elena Bertolini, Mark Dawson
wiley   +1 more source

The Lisbon Treaty and the Area of Freedom, Security and Justice as an Area of Legal Integration

Croatian Yearbook of European Law and Policy, 2011
This paper considers the Area of Freedom, Security and Justice (AFSJ) in the broader context of European integration and links it to two trends in the development of the European Union: firstly, the expanding scope of European law and secondly the ...
Stephen Coutts
doaj   +1 more source

The Impact on National Sovereignty of Mutual Recognition in the AFSJ. Case-Study of the European Arrest Warrant [PDF]

German Law Journal, 2021
AbstractNational sovereignty has been the key consideration for basing judicial cooperation in the European Union on mutual recognition. More than one decade after the creation of the Area of Freedom Security and Justice (AFSJ), this contribution assesses whether mutual recognition-based EU legislation in civil and criminal law indeed respects national
Suzanne Andrea Bloks, Ton van den Brink
openaire   +3 more sources