EU Counter-Terrorism Law

EU Counter-Terrorism Law
Author: Cian C Murphy
Publisher: Bloomsbury Publishing
Total Pages: 274
Release: 2012-06-08
Genre: Law
ISBN: 1847319599

EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 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 terror'. 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 terror” 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 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. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013

The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism

The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism
Author: Fiona de Londras
Publisher: Routledge
Total Pages: 220
Release: 2015-04-10
Genre: Political Science
ISBN: 1317524640

Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism. Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society. This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.

The Evolving EU Counter-terrorism Legal Framework

The Evolving EU Counter-terrorism Legal Framework
Author: Maria O'Neill
Publisher: Routledge
Total Pages: 388
Release: 2011-12-14
Genre: Law
ISBN: 1136493832

Since the coming into force of the Lisbon Treaty in 2009, and the contemporaneous publication of the Stockholm Programme, the area of freedom, security and justice has obtained a more secure legal basis within the EU treaty framework and now has a coherent policy programme set out for its development. A key aspect in the area of freedom, security and justice are the EU’s provisions dealing with counter-terrorism. This book examines the rapidly emerging area of EU law and policy on counter-terrorism, addressing these twin disciplines from both a theoretical and practical perspective. The Evolving EU Counter-Terrorism Legal Framework is the first comprehensive exposition of EU anti-terrorism law, bringing together laws and policies on terrorism from across the three distinct EU pillars, as well as exploring the legal framework for EU external relations in counter-terrorism. In focusing on this challenging area of EU legal policy which is presently under construction, the book brings greater clarity and critical analysis to the existing legal framework currently in place. In addition to considering the current legal circumstances, Maria O'Neill goes on to highlight potential difficulties which may occur in the future and suggests possible avenues for development of counter-terrorism provisions.

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights
Author: Ana Salinas de Frias
Publisher: Council of Europe
Total Pages: 464
Release: 2013-04-01
Genre: Political Science
ISBN: 928717685X

Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

The New EU Counter-Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law

The New EU Counter-Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law
Author: Nikoletta Karaliota
Publisher: BRILL
Total Pages: 86
Release: 2020-03-31
Genre: Law
ISBN: 9004424636

This study analyses the modern EU counter-terrorism trends, focusing on the new terrorist crimes of Directive (EU) 2017/541 and on preventive counter-terrorism measures aiming to deter terrorist financing. It concludes by noting a ‘paradigm shift’ between repression and prevention in the field of countering terrorism, while suggesting relevant proposals.

EU Counter-Terrorism and Intelligence

EU Counter-Terrorism and Intelligence
Author: Javier Argomaniz
Publisher: Routledge
Total Pages: 249
Release: 2017-10-02
Genre: History
ISBN: 1317378954

The Treaty on the European Union stipulates that one of the key objectives of the Union is to provide citizens with a high level of safety within an Area of Freedom, Security and Justice. Given that the fight against terrorism is a prominent aspect of this general objective, it is remarkable that, in spite of its political relevance and decade-long history, it has only relatively recently received due attention in the academic community. Yet an analysis of the successes and failures of the EU's involvement in this field is imperative and this is a particularly pertinent moment to take stock of progress. The goal of this book is therefore to look back at the post-9/11 period and answer the question of whether, when it comes to the measures taken to combat terrorism following these attacks, the EU has lived up to the promise made in its founding treaties. In pursuing this goal, this volume presents the views of leading experts casting a critical eye over the EU's performance, recognising achievements but also being suitably critical when the realities did not match the European rhetoric. In doing this, the book makes a significant contribution not only to the scholarly investigation of European Union policies, but also to the study of counter-terrorism in general. This book was published as a special issue of Intelligence and National Security.

Comparative Counter-Terrorism Law

Comparative Counter-Terrorism Law
Author: Kent Roach
Publisher: Cambridge University Press
Total Pages: 839
Release: 2015-07-23
Genre: Law
ISBN: 1107057078

This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.

The European Union’s Fight Against Terrorism

The European Union’s Fight Against Terrorism
Author: Laura C. Ferreira-Pereira
Publisher: Routledge
Total Pages: 155
Release: 2016-04-08
Genre: History
ISBN: 1134929978

This book contributes to the understanding of the counter-terrorism (CT) policy of the European Union (EU) by offering a set of analyses focusing on its external dimension. Whilst calling for the combination of internal and external policies as well as cooperation with third countries and international institutions, the external dimension of EUCT challenges previous assumptions on the functioning of the EU and offers new testing ground for the latest theoretical and methodological approaches. This volume provides the first systematic assessment of the external dimension of EUCT. It covers transatlantic counter-terrorism cooperation, the interaction between EU institutions and policies, theoretical debates on EU actorness in counter-terrorism and the role of judicial institutions in international counter-terrorism. Furthermore, it draws attention to the need for engaging in new discussions over the post-Lisbon Treaty Common Foreign and Security Policy (CFSP), the international fight against terrorism, and the way international actors cooperate and compete on the security arena. It will be of interest for both academics and practitioners working on EU foreign policy, transatlantic relations and international counter-terrorism. It will also be of interest for students and journalists specialized on European and international affairs. This book was published as a special issue of European Security.

U.S.-EU Cooperation Against Terrorism

U.S.-EU Cooperation Against Terrorism
Author: Kristin Archick
Publisher: DIANE Publishing
Total Pages: 17
Release: 2010-11
Genre: Political Science
ISBN: 1437936512

Examines the evolution of U.S.-European Union (EU) counter-terrorism cooperation. Contents: (1) Background on EU Efforts Against Terrorism; (2) U.S.-EU Counter-terrorism Cooperation: Progress to Date; New Law Enforce. and Intell. Cooperation Agree.; Stemming Terrorist Financing; Border Control and Transport Security: Container Security; Passenger Name Record Data; Aviation Security; (3) Ongoing Challenges: Data Privacy: Tracking Terrorist Financing; Sharing Airline Passenger Data; U.S.-EU Framework Agree. on Data Protection; Balancing Transatlantic Travel, Commerce, and Security: Visa Waiver Program; Cargo Screening; Detainee Issues and Civil Liberties; Differences in the U.S. and EU Terrorist Lists.

Terrorism And the Foreigner

Terrorism And the Foreigner
Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
Total Pages: 454
Release: 2007
Genre: Law
ISBN: 9004151877

This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.