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

A collection of expert essays analysing the AFSJ and its implications from the point of view of fundamental rights.

Sara Iglesias Sánchez (Edited by), Maribel González Pascual (Edited by)

9781108488136, Cambridge University Press

Hardback, published 29 July 2021

470 pages
25.2 x 19.3 x 3 cm, 1.06 kg

'The book has an impressive assemblage of authors, including both leading AFSJ academics and practitioners from the Court. From this perspective, it is not surprising that the overall quality of the book is superb … very timely and of high quality.' Mikaela Heikkilä, EU Law Live

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.

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 Li?ková 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 Lazi?
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 Fr?ckowiak-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.

Subject Areas: Human rights & civil liberties law [LNDC], International organisations & institutions [LBBU], International human rights law [LBBR], Political control & freedoms [JPV], EU & European institutions [JPSN2], Political science & theory [JPA], Refugees & political asylum [JFFD], Social & political philosophy [HPS]