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The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual

The European Union and Deprivation of Liberty: A Legislative and Judicial Analysis from the Perspective of the Individual

Author: Leandro Mancano
Publisher: Hart Publishing
ISBN: 9781509908080

Published In: May 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945764

List Price: RM666.90

RM646.89 Save RM20.01 (3%)

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Contents

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The books explore the European Union's judicial and legislative approach to deprivation of liberty. It examines the Union's institutional framework to assess the impact of the collapse of the pillars-based structure and of the Charter of Fundamental Rights. The books provide a critical analysis of the EU approach to the question of fundamental rights which, the author argues, constitutes the core of the relationship between public powers and personal liberty. These rights include: the principle of proportionality; the principle of legality and proportionality of penalties; right to liberty; the rehabilitative function of custodial penalties. In so doing it concludes that the EU is biased towards individual member states' approach to detention.

I. The European Union and Deprivation of Liberty. The Importance of the Origins

II. A Holistic Approach

III. Plot and Main Characters

PART I

FREE MOVEMENT AND DEPRIVATION OF LIBERTY IN EU LAW

1. Free Movement and Deprivation of Liberty. Paradigm, Genesis, Laboratory

I. Free Movement and the Origins of Deprivation of Liberty in EU Law

II. EU Law and Deprivation of Liberty. The Internal Market as a Laboratory

III. Beyond the Internal Market. Free Movement as Trigger and Objective of Deprivation of Liberty in EU Law

IV. Conclusions

PART II

SUBSTANTIVE EU CRIMINAL LAW

2. Deprivation of Liberty and Substantive Criminal Law. Overview

I. Introduction

II. The Use of Imprisonment in EU Substantive Criminal Law. Reasons and Methods

III. The Case Studies: Rationales and Criteria of Analysis

IV. Deprivation of Liberty and Substantive EU Criminal Law. The Policy Context

V. Deprivation of Liberty and Substantive EU Criminal Law. The Legal Framework

VI. Conclusions

3. The PIF Directive

I. Introduction

II. The Directive

III. EU Law Proportionality

IV. Legal Certainty

V. Criminal Law Proportionality

VI. Conclusions

4. The Anti-Drug Trafficking Directive

I. Introduction

II. The Regulation

III. The Directive

IV. EU Law Proportionality

V. Legal Certainty

VI. Criminal Law Proportionality

VII. Conclusions

5. The Market Abuse Directive

I. Introduction

II. The Regulation

III. The Directive

IV. EU Law Proportionality

V. Legal Certainty

VI. Criminal Law Proportionality

VII. Conclusions

Concluding Remarks on EU Substantive Criminal Law and Deprivation of Liberty

PART III

PROCEDURAL CRIMINAL LAW AND MUTUAL RECOGNITION

6. EU Procedural Criminal and Mutual Recognition. Overview

I. Introduction

II. Mutual Recognition and Mutual Trust in EU Law

III. The Right to Liberty in Europe

IV. Conclusions

7. The European Arrest Warrant and the Procedural Rights Directives

I. The European Arrest Warrant

II. The Procedural Rights Directives

III. Conclusions

8. Mutual Recognition of Custodial Penalties, Probation Measures and the European Supervision Order

I. Introduction

II. The FD on Transfer of Prisoners, Probation Measures and the ESO

III. The Right to Liberty and Coercive Movement of Persons within the EU

IV. Conclusions

Concluding Remarks on Deprivation of Liberty in Mutual Recognition and EU Criminal Procedure

PART IV

ASYLUM AND IMMIGRATION DETENTION

9. Deprivation of Liberty in the Context of Immigration Control. Overview

I. Introduction

II. EU Law and Migration Issues

III. The Right to Liberty in EU Asylum and Immigration Law

10. Asylum Law

I. The EU Rules on Detention

II. Immigration Detention in the Common European Asylum System

III. Deprivation of Liberty in EU Asylum Law and the Presumption of Mutual Trust

IV. Grounds and Limits of Detention of Asylum-Seekers

V. The Right to Liberty in EU Asylum Law. Adequate Level of Protection?

VI. Conclusions on Deprivation of Liberty in EU Asylum Law

11. Irregular Migration

I. Introduction

II. Secondary Law

III. The Right to Liberty of Irregular Migrants and the CJEU’s Interpretation

IV. The Right to Liberty in EU Law and Immigration Detention

V. Conclusions on Immigration Detention in EU Law

Concluding Remarks on Asylum and Immigration Detention in EU Law

PART V

DEPRIVATION OF LIBERTY AND EU CITIZENSHIP

12. Integration and Reintegration in the EU Civic Status of Detainees

I. Introduction

II. Integration and EU Citizenship

III. Deprivation of Liberty and Reintegration in EU Law

IV. Conclusions on Deprivation of Liberty and EU Citizenship

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