Full Description
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
Contents
PART I: TERRORISM, PRE-EMPTION AND THE EU RULE OF LAW
Introduction: September 11: Counter-Terrorism and the Rule of Law
1. European Counter-Terrorism Action
2. The EU Rule of Law
PART II: EU COUNTER-TERRORISM ACTION
3. Criminalising 'Terrorism' in EU Law
4. Anti-Money-Laundering and Counter-Terrorist Finance
5. Targeted Asset-Freezing Sanctions
6. Data Surveillance
7. European Warrants
PART III: THE FUTURE OF EU COUNTER-TERRORISM
8. Rule of Law and Pre-Emption Reconsidered
Epilogue: EU Counter-Terrorism in a post-'War on Terror' World
