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EU Counter-Terrorist Policies and Fundamental Rights
Of individual sanctions could comply with general principles of EU law. Readership: Academics, graduate students, and practitioners interested in sanctions against individuals.
EU Powers Under External Pressure
EU external actions have deep constitutional and institutional implications for EU law and practices. The EU's competences in external relations have continuously increased, including with the entry into force of the Treaty of Lisbon. As a result, the EU has become ever more active in external relations. This has in turn increased the internal constitutional and institutional effects of EU external actions. This book traces these legal effects and the broader constitutional implications, including potential integrative forces. EU external actions affect the power division between the EU and its Member States and between the different EU institutions; the unity and autonomy of the EU legal or...
Crime within the Area of Freedom, Security and Justice
The 'Europeanisation' of the fight against crime is a broad and much-contested notion. This in-depth analysis of the role of the EU in fighting crime within the area of freedom, security and justice explores the impact of EU policies in the Member States, the progressive convergence of Member States' criminal law systems, the emergence of mutual recognition as an alternative to harmonization, and the incremental development of the ECJ's jurisdiction. The essays also explore the limitations inherent in EU counter-crime policies and the changes brought about by the introduction of the Treaty of Lisbon. These changes are discussed both collectively and within individual substantive areas in which the EU has taken an active role in fighting crime, such as corruption, money laundering, terrorism, organised crime and extradition.
EU Powers Under External Pressure
EU external actions have deep constitutional and institutional implications for EU law and practices. The EU's competences in external relations have continuously increased, including with the entry into force of the Treaty of Lisbon. As a result, the EU has become ever more active in external relations. This has in turn increased the internal constitutional and institutional effects of EU external actions. This book traces these legal effects and the broader constitutional implications, including potential integrative forces. EU external actions affect the power division between the EU and its Member States and between the different EU institutions; the unity and autonomy of the EU legal or...
The New EU Counter-Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law
This study analyses the modern EU counter-terrorism trends, focusing on two parallel axes: (a) the repressive one, where new criminal offences related to terrorist activity (receiving training for terrorism, terrorist financing, travelling and facilitating travelling for the purpose of terrorism) have been instituted, and (b) the preventive one, where establishing a framework of provisions aiming to deter terrorist financing prevails. After critically evaluating EU's interventions in both axes, the study concludes by noting a ‘paradigm shift’ between repression and prevention in the field of countering terrorism, while suggesting proposals on a transposition of Directive (EU) 2017/541 into national legislations that adheres to the fundamental EU law principles, and a preventive control over terrorist financing that abides by the rule of law.
Human Rights in Transition
At a time of intense polarisation about the value of human rights, this edited volume brings together leading scholars in international law and international human rights to reflect upon the present, the recent and distant past, and the future of human rights. Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights and their potential futures. The book eschews the polarized and one-sided approach which can too easily dominate either side of the debate. Instead, drawing on deep learning and a range of engagements with human rights institutions, the authors develop a prognosis for contours of human rights law and politics, and its...
Rethinking the Relationship Between International, EU and National Law
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
The Outer Limits of European Union Law
A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the st...
Risk and EU law
Risk and EU Law considers the multiple reasons for the increase in the types and diversity of risks, as well as the potential magnitude of their undesirable effects. The book identifies such reasons as; the openness of liberal societies; market competition; the constant endeavour to innovate; as well as globalization and the impact of new technologies. It also explores topics surrounding the social epistemology of risk observation and management, the role of science in political and judicial decision-making and transnational risk regulation and contractual governance.
The Global Community Yearbook of International Law and Jurisprudence 2023
The Global Community Yearbook of International Law and Jurisprudence features an annual review of global issues and legal developments from international courts and tribunals. The 2023 edition explores threats to democracy and the environment, international reparations issues, the implications of the Russia-Ukraine and Israel-Palestine conflicts pertaining to international law, and the legality of the ECOWAS's intervention in Niger, among other topics.
