The Area of Freedom, Security and Justice Ten Years on

The Area of Freedom, Security and Justice Ten Years on
Author: Elspeth Guild
Publisher:
Total Pages: 0
Release: 2010
Genre: Law
ISBN: 9789461380340
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This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.

Europe's Area of Freedom, Security, and Justice

Europe's Area of Freedom, Security, and Justice
Author: Neil Walker
Publisher: Collected Courses of the Acade
Total Pages: 358
Release: 2004
Genre: Law
ISBN:
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This collection brings together leading specialists in the areas of European Union law which are now organized under the Area of Freedom, Security and Justice (AFSJ).

Information Sharing and Data Protection in the Area of Freedom, Security and Justice

Information Sharing and Data Protection in the Area of Freedom, Security and Justice
Author: Franziska Boehm
Publisher: Springer Science & Business Media
Total Pages: 475
Release: 2011-11-06
Genre: Law
ISBN: 3642223923
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Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.

Supranational Governance of Europe’s Area of Freedom, Security and Justice

Supranational Governance of Europe’s Area of Freedom, Security and Justice
Author: Christian Kaunert
Publisher: Routledge
Total Pages: 226
Release: 2016-03-17
Genre: Political Science
ISBN: 1317606922
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This book examines the evolution towards increased supranational governance in the EU’s Area of Freedom, Security and Justice (AFSJ). At the end of 2009, a successor programme to the Tampere and Hague Programmes was developed under the Swedish Presidency. Called the ‘Stockholm Programme’, it was adopted at a special EU Council Summit on 10-11 December 2009. The new agenda covers the period 2010-2014 and emphasises six areas of priority. In the context of these priorities, as well as the innovations introduced by the Lisbon Treaty, this edited book analyses policy change in the AFSJ, especially as it has been affected by the rise of supranational governance in this domain. From police cooperation and crime fighting to border management and counter-terrorism, much has changed, and the EU has taken yet another step forward in the direction of supranational governance. However, the various contributions also highlight that there are still problems and challenges remaining for the AFSJ. Collectively, this book considers how consequential the Lisbon Treaty has been for the AFSJ, as well as how successful the EU has been in achieving its stated goals as expressed in the Stockholm Programme. Thus, this book makes a significant contribution to the scholarly investigation of the AFSJ, but also to the study of European integration in general. This book was published as a special issue of the Cambridge Review of International Affairs.

The Changing Dynamics of Security in an Enlarged European Union

The Changing Dynamics of Security in an Enlarged European Union
Author:
Publisher: CEPS
Total Pages: 27
Release: 2006
Genre:
ISBN: 9290798319
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The relation between liberty and security has been highly contestable over the past 10 years in the EU integration process. With the expansion of the EU's powers into domains falling within the scope of the Area of Freedom, Security and Justice, liberty and its relation to security has brought a new range of issues, struggles and debates. Acts of political violence labelled as 'terrorism' and human mobility at the European and international levels have justified the construction of these phenomena as threats to the security and safety of the nation state. They have legitimised the development of normative responses that go beyond traditional configurations and raise fundamental dilemmas for the security and liberty of the individual. This paper assesses the ways in which the notions and perceptions of security and insecurity in the EU have evolved as political values and legal/policy goals, and how they are being transformed. It aims at synthesising the results of the research conducted since 2004 by the Justice and Home Affairs Section of CEPS through the CHALLENGE project (Changing Landscape of European Liberty and Security). The research has been premised upon one basic, but determining question: To what extent has the evolution of the international context altered the dynamics of liberty and security in the EU?

Fundamental Rights in the EU Area of Freedom, Security, and Justice

Fundamental Rights in the EU Area of Freedom, Security, and Justice
Author: Sara Iglesias (Editor on civil rights in EU)
Publisher:
Total Pages:
Release: 2020
Genre: Asylum, Right of
ISBN: 9781108769006
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"The normative consolidation of the Area of Freedom, Security and Justice (AFSJ) and the entry into force of the Charter of Fundamental Rights of the EU (the Charter) has transformed the Union as we know it. It is common knowledge that the AFSJ has undergone impressive normative and jurisprudential developments in recent times. A plethora of new instruments has been adopted in the years following the entry into force of the Treaty of Lisbon, joining the already vast body of pre-Lisbon secondary law in the different fields covered by the AFSJ: civil and criminal judicial cooperation as well as matters related to borders, migration and asylum. By now, national authorities and courts have become or at least are becoming well acquainted with the AFSJ acquis, which is shown by the impressive increase of preliminary references made by national courts. It is today beyond any doubt that the AFSJ has become one of the most prolific areas of litigation before the Court of Justice of the European Union (CJEU)"--

Whose Freedom, Security and Justice?

Whose Freedom, Security and Justice?
Author: Anneliese Baldaccini
Publisher: Bloomsbury Publishing
Total Pages: 582
Release: 2007-06-28
Genre: Law
ISBN: 1847313663
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This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice

Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice
Author: Ermioni Xanthopoulou
Publisher: Bloomsbury Publishing
Total Pages: 249
Release: 2020-04-30
Genre: Law
ISBN: 1509922261
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This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.