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

Edited by: Sara Iglesias Sánchez, Maribel González Pascual

ISBN13: 9781108862097
Published: July 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £158.00
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The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law.

  • Experts from different perspectives and fields examine fundamental rights in the European Union
  • Provides the reader with an up-to-date account of case-law in a particularly complex field
  • Includes critical assessment of the AFSJ from a fundamental rights perspective

Subjects:
EU Law, eBooks
Contents:
Preface
Foreword
List of common abbreviations
Introduction: fundamental rights at the core of the EU AFSJ Sara Iglesias and Maribel González
Part I. The General Framework for Fundamental Rights' Protection in the AFSJ:
1. The scope of EU fundamental rights in the area of freedom, security and justice
Sara Iglesias Sánchez
2. A European standard of fundamental rights' protection?
Maribel González Pascual
3. The protection of fundamental rights within the AFSJ: through or against mutual trust and mutual recognition?
François-Xavier Millet
Part II. Asylum, Migration and Borders 4. Mutual (dis-) trust in EU migration and asylum law: the exceptionalisation of fundamental rights Violeta Moreno-Lax
5. The right to liberty in the field of migration, asylum and borders
Justine N. Stefanelli and Elspeth Guild
6. Family life and the best interests of the child in the field of migration
Ciara M. Smyth
7. A decade of EU fundamental right to asylum: in search of its legal meaning and effects
Madalina Moraru
8. Effective remedies and defence rights in the field of asylum, migration and borders
Nathan Cambien
Part III. Judicial Cooperation in Criminal Matters:
9. Mutual recognition in civil and commercial matters: on certified mutual trust
Magdalena Ličková and Cristian Oróo Martínez
10. The rights of the child and the right to respect for family life in the revised Brussels iibis regulation
Vesna Lazić
11. Effective remedies and fair trial in civil matters: how to enhance civil justice within the confines of EU powers
Dominik Düsterhaus
12. Procedural rights (and obligations) of parties to civil proceedings
Agnieszka Frąckowiak-Adamska
Part IV. Judicial Cooperation in Criminal Matters and Police Cooperation:
13. Mutual recognition and fundamental rights in EU criminal law
Valsamis Mitsilegas
14. The right to liberty and security in EU criminal law
Leandro Mancano
15. Defence rights and effective remedies in EU criminal law
Coral Arangüena Fanego
16. Victims of crime in the area of liberty, security and justice
Luca Lupáària and Jacopo della Torre
17. The principle of legality within the area of freedom, security and justice
Christina Peristeridou
18. The interpretation and application of the Ne Bis Iin Idem principle in the EU area of freedom, security and justice of the EU
Bas van Bockel
Part V. Cross-cutting Issues of Fundamental Rights in the AFSJ:
19. Private life and data protection within the area of freedom, security and justice
Evelien Brouwer
20. Citizenship and non-discrimination rights in the area of freedom, security and justice
Annette Schrauwen
21. Vulnerability and fundamental rights in the area of freedom, security and justice
Francesca Ippolito
22. Epilogue: of judges and trust
Michal Bobek