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


ISBN13: 9781509945764
Published: December 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2019)
Price: £34.99
Hardback edition , ISBN13 9781509908080



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The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders.

The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.

Subjects:
Criminal Law, EU Law
Contents:
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

Series: Hart Studies in European Criminal Law

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EU Fair Trial Rights in Criminal Proceedings ISBN 9781509938643
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The Fight Against Impunity in EU Law ISBN 9781509945610
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The Legitimacy of EU Criminal Law ISBN 9781509944392
Published January 2022
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Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509944958
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The Principle of Mutual Trust in EU Criminal Law (eBook) ISBN 9781509924554
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The Principle of Mutual Trust in EU Criminal Law ISBN 9781509924547
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The Fight Against Impunity in EU Law ISBN 9781509926879
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The Fight Against Impunity in EU Law (eBook) ISBN 9781509926886
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The Legitimacy of EU Criminal Law ISBN 9781509919741
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The Legitimacy of EU Criminal Law (eBook) ISBN 9781509919758
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The Needed Balances in EU Criminal Law: Past, Present and Future ISBN 9781509937493
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509934744
Published November 2019
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Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509914975
Published December 2018
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Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook) ISBN 9781509914982
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White Collar Crime: A Comparative Perspective (eBook) ISBN 9781509917907
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White Collar Crime: A Comparative Perspective ISBN 9781509917891
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The Needed Balances in EU Criminal Law (eBook) ISBN 9781509917020
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Redefining Organized Crime: A Challenge for the European Union? ISBN 9781509904709
Published December 2017
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The Needed Balances in EU Criminal Law ISBN 9781509917006
Published December 2017
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
Published July 2017
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£33.29
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509903351
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Challenges in the Field of Economic and Financial Crime in Europe and the US ISBN 9781509908035
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