EU counter-terrorism law : pre-emption and the rule of law / / Cian C. Murphy

• Record Nr.: UNINA9910786488903321
• Autore: Murphy Cian (Cian C.)
• Pubbl/distr/stampa: Oxford ; ; Portland, Oregon : , : Hart Publishing, , 2012
• ISBN: 1-84731-960-2; 1-4725-6606-8; 1-283-73956-9; 1-84731-959-9
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (275 p.)
• Collana: Modern studies in European law ; ; v. 31
• Disciplina: 345.2402
• Soggetti: Rule of law - European Union countries; Terrorism - Prevention - Law and legislation - European Union countries; Terrorism - European Union countries - Prevention
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references (pages [243]-254) and index.
• Nota di contenuto: Introduction. September 11 : counter-terrorism and the rule of law -- European counter-terrorism action -- The EU rule of law -- Criminalising "terrorism" in EU law -- Anti-money-laundering and counter-terrorist finance -- Targeted asset-freezing sanctions -- Data surveillance -- European warrants -- Rule of law and pre-emption reconsidered -- ; Epilogue. EU counter-terrorism in a post-"War on terror" world.
• Sommario/riassunto: 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