European Union Law

EU Counter-Terrorism Law Pre-Emption and the Rule of Law

By Cian C Murphy
Hart Publishing September 2015

Specifications

ISBN-13
9781849468732
Publisher
Hart Publishing
Publication
September 2015
Format
Paperback , 274 pages
Jurisdiction
European Union ? Countri(es) for reference only

Also available as

Details

EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since September 11 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terrorism'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terrorism” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU's data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme.

Table of Contents

PART I: TERRORISM, PRE-EMPTION AND THE EU RULE OF LAW
Introduction: September 11: Counter-Terrorism and the Rule of Law
1. European Counter-Terrorism Action
2. The EU Rule of Law

PART II: EU COUNTER-TERRORISM ACTION
3. Criminalising 'Terrorism' in EU Law
4. Anti-Money-Laundering and Counter-Terrorist Finance
5. Targeted Asset-Freezing Sanctions
6. Data Surveillance
7. European Warrants

PART III: THE FUTURE OF EU COUNTER-TERRORISM
8. Rule of Law and Pre-Emption Reconsidered Epilogue: EU Counter-Terrorism in a post-'War on Terror' World

About the Author

Cian Murphy is Lecturer in Law at King's College London.

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