EU Counter-Terrorism Law: Pre-Emption and the Rule of Law
Cian C. Murphy - Hart Publishing, 2012
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This is a detailed study of the EU's
action to combat terrorism since September 11, 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 terrorism. 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 terrorism before analyzing five key facets of EU counter-terrorism: the
common European definition of terrorism, along with related offenses 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 * the EU's data retention measures, such as the Data
Retention Directive and the Passenger Name Records agreements * 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 favor
of a system emphasizing 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
Program. (Series: Modern Studies in European Law - Vol. 31)
