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The Constitutional Structure of Europe's Area of `Freedom, Security and Justice' and the Right to Justification

The Constitutional Structure of Europe's Area of `Freedom, Security and Justice' and the Right to Justification

Author: Ester Herlin-Karnell
Publisher: Hart Publishing
ISBN: 9781509912490

Published In: April 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945733

List Price: HKD 1,235.00

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Description
Contents

Details

This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis which escalated in 2015 an extreme challenge to tackle and resolve, the idea of exploring a constitutional theory for the “Area of Freedom, Security and Justice” (AFSJ), might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda at present is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to “re-invent itself” beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. This book zooms in on the trajectory of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

Introduction

The Concept of Non-Domination in the EU Security-Related Context

The Right to Justification, Justice, and the Area of Freedom, Security and Justice

Proportionality and Reasonable Disagreement in the Area of Freedom, Security and Justice

The Right of Justification, Territoriality and Migration, Refugees, and Terrorism

The Dimensions of Constitutional Justice: The Multi-speed Scenario

Conclusion

Bibliography