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Author Xanthopoulou, Ermioni, author
Title Fundamental rights and mutual trust in the area of freedom, security and justice : a role for proportionality? / Ermioni Xanthopoulou
Imprint Oxford ; New York : Hart Publishing, 2020
book jacket
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 人文社會聯圖  KJE5977 .X36 2020    AVAILABLE    30660020236456
Descript xviii, 227 pages ; 24 cm
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Note Based on author's thesis (doctoral - King's College London, 2017) issued under title: Proportionality and mutual trust in the Area of Freedom, Security and Justice
Includes bibliographical references and index
Introduction -- Mutual Recognition : From Passive to Active Recognition -- Mutual Trust : From Blind to Gained Trust -- Deconstructing EU Fundamental Rights and Proportionality -- The Quest for Balancing in the AFSJ Case Law : Needle in a Haystack -- Constructing Proportionality for the Area of Freedom, Security and Justice -- Case Study I : European Arrest Warrant Transfers -- Case Study II : Dublin Transfers -- Instead of a Conclusion, Reflecting and Looking Ahead : Summation of Arguments, the Way Forward and Conclusion
"This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has for long been presumed by the Court in a manner that mutual recognition was prioritised vis-à-vis and to the detriment of the protection of fundamental rights. After thoroughly reviewing this relationship, the book offers a comprehensive framework of proportionality and explores its impact to the protection of fundamental rights in a mutual trust environment. It provides a theoretical and a normative framework of proportionality which then applies to two case-studies by reference to several fundamental rights. EU criminal and asylum law serve as the case studies of this book which enable a carefully constructed analysis with useful parallels. It argues that such analysis, based on proportionality, is not actually always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores the impact of it on the protection of fundamental rights vis-à-vis mutual trust"-- Provided by publisher
Subject Law enforcement -- European Union countries
Freedom of movement -- European Union countries
Asylum, Right of -- European Union countries
Area of Freedom, Security and Justice (European Union)
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