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Restricting Liberty to Prevent Terrorism: The Belgian and the UK Approaches to Direct Restrictions to the Right to Liberty to Prevent Terrorism


ISBN13: 9781839704383
Published: January 2025
Publisher: Larcier Intersentia Publishers
Country of Publication: Belgium
Format: Hardback
Price: £140.00



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The wave of terrorist attacks that were carried out in Europe during the first two decades of the century has abruptly brought the issue of terrorism to our doorstep. Governments have used different types of measures to attempt to prevent terrorist attacks, the most intrusive of which are measures imposing direct restrictions on the right to liberty.

This book analyses the ways in which Belgium and the UK have employed measures directly restricting the right to liberty in order to prevent terrorism. It opens with an elaborate analysis of the right to liberty in the European Convention of Human rights and the relevant case law of the European Court of Human Rights. Then, the Belgian and UK legislation and case law are discussed. Finally, a comparative analysis of both national jurisdictions is undertaken, which leads to recommendations on how to improve the Belgian legislation in light of the right to liberty as protected by the European Convention of Human Rights.

Ward Yperman studied law at KU Leuven and criminology and criminal justice at the University of Oxford. In 2024, he obtained his PhD in criminal law at the former university. He is currently employed as a legal expert in criminal cases at the Belgian Court of Cassation. He teaches guest lectures on terrorism legislation at several Belgian universities and publishes on counterterrorism and Belgian criminal law in general.

Subjects:
Human Rights and Civil Liberties
Contents:
INTRODUCTION
Chapter I. Issue and context
Chapter II. Prevention

METHODOLOGY
Chapter I. Scope of the topic
Chapter II. Research objectives and questions
Chapter III. Countries for comparison
Chapter IV. Relevance

PART I. NORMATIVE FRAMEWORK
Introduction
Chapter I. General principles
Chapter II. Application in the context of terrorism prevention
Chapter III. Main principles used throughout this book

PART II. BELGIUM
Introduction
Chapter I. Restrictions to the right to liberty
Chapter II. Article 137 CC
Chapter III. Article 140 CC
Chapter IV. Article 140bis CC
Chapter V. Article 140ter CC
Chapter VI. Article 140quater CC
Chapter VII. Article 140quinquies CC
Chapter VIII. Article 140sexies CC
Chapter IX. Article 140septies CC
Chapter X. Article 141 CC
Chapter XI. Proposed new offences
Chapter XII. Pre-trial detention
Chapter XIII. Analysis

PART III. THE UK
Introduction
Chapter I. Criminal law
Chapter II. Administrative law
Chapter III. Analysis

PART IV. COMPARATIVE ANALYSIS AND RECOMMENDATIONS
Introduction
Chapter I. Comparative analysis
Chapter II. General observations
Chapter III. Recommendations

General Conclusion
Bibliography