Shaping a Genuine Area of Freedom, Security and Justice

An ambitious assessment of the increasing importance of case law in the field of the Area of Freedom, Security and Justice on the evolution of EU law, though the prism of the contribution of one of its leading exponents. In recent years the Area of Freedom, Security and Justice (AFSJ) has occupied an increasingly prominent place in the working of the European Union and by extension the Court of Justice (CJEU). None have done more to inform and impact on this growing jurisprudence than Lars Bay Larsen, Vice President of the CJEU. In this magisterial collection, leading academics, practitioners and jurists critique, assess and celebrate that legacy. Over three parts the book looks at the framework of the AFSJ, its workings, and finally the impact of EU law upon it. The collection provides remarkable insights into the growing importance of the AFSJ and how EU law has evolved in light of this.>

List of contents

Foreword
Preface
Vice-President Bay Larsen: Biography and Career
Personalia

PART I: THE AREA OF FREEDOM, SECURITY AND JUSTICE FRAMEWORK
1. The Concept of Public Policy in the Area of Freedom, Security and Justice, Koen Lenaerts
2. Judicial Cooperation in Criminal Matters: Two Sides of Institutional Evolution, Eugene Regan
3. Mutual Trust in Judicial Cooperation in Criminal Matters, Küllike Jürimäe
4. Defining a Notion of Judicial Authority in the Context of the Area of Freedom, Security and Justice, Irmantas Jarukaitis
5. The Case Law on Effective Remedy under the Dublin III Regulation: The Gradual Construction of a Fragile Mosaic, Jesper Svenningsen and Yann Laurans
6. Judicial Review of Acts of the European Public Prosecutor's Office: The Limits of Effective Judicial Protection of European Prosecution, Katelin Ligeti
7. A Laboratory of Constitutional Development: Domestic Differentiation and the Effective Application of EU Law in the Area of Freedom, Security and Justice, Theodore Konstadinides, Antoine Masson and Julien Sterck
8. Opt-Outs in the Area of Freedom, Security and Justice: The Danish Example, Christian Thorning

PART II: THE DRIVING PRINCIPLES OF THE AREA OF FREEDOM, SECURITY AND JUSTICE
9. The Fight against Impunity in the Case Law of the European Court of Justice, Constantinos Lycourgos
10. Article 6 of the Charter in the Area of Freedom, Security and Justice: On Some Aspects of the EU Case Law on the Fundamental Right to Liberty and Security, Dimitrios Gratsias
11. The Principle of Democracy in EU Law, Ineta Ziemele
12. The Principle of Solidarity and the Area of Freedom, Security and Justice, Ulla Neergaard
13. Ne Bis in Idem and EU Law: A Critical View of Recent Judgments, Steve Peers
14. Reflections on a Structural Element of EU Law on Migration: The Principle of Non-Refoulement in Light of the European Court of Justice's Case Law, Yann Laurans and Chiara Maria Ricci
15. Subsidiary Protection in EU Law: Some Reflections on its Specific Features, Tatiana Cassagnabère and Anna Grasso

PART III: THE DYNAMICS AT WORK IN THE AREA OF FREEDOM, SECURITY AND JUSTICE
16. The Transfer of Asylum Seekers to Non-EU 'Safe' Countries under Scrutiny from the European Court of Justice, Jan Passer and Pierre Schmitt
17. Schengen and Internal Border Control, Karsten Engsig Sørensen
18. EU Citizenship and Nationality - A Question of Competence, Henrik Saugmandsgaard Øe and Philip Rennemo-Henriksen
19. The Interaction between Directive 2003/86 and the Charter of Fundamental Rights of the European Union in the Family Reunification of a Third-Country National, Lucia Serena Rossi
20. 'Tra il dire e il fare c'è di mezzo il mare': Harmonisation of Victims' Rights in EU Criminal Law, Adam Lazowski
21. Cross-Border Exchange of Evidence from the European Investigation Order to the European Production Order: A Game of Two Halves for the Protection of Fundamental Rights in Europe's Area of Criminal Justice?, Valsamis Mitsilegas
22. Data Protection in the Area of Freedom, Security and Justice, Peter George Xuereb and Bucura C Mihaescu-Evans
23. Extradition from the EU: Gimme Shelter!, Christopher Vajda
24. You Can't Always Get What You Want (But You'll Get What You Need): Deconstructing Alleged Paradoxes in the Case Law on the Interface of Arbitration and the EU Legal Order, Marek Safjan

PART IV: THE IMPACT OF THE AREA OF FREEDOM, SECURITY AND JUSTICE
25. Free Movement of Persons in EU and EEA Law: An Illustration, Per Christiansen
26. Absent Prosecution Witnesses and Active Participation at Trial: The European Court of Justice Shapes European Fairness on Criminal Justice, Silvia Allegrezza
27. The Contribution of the European Court of Justice to the Definition of Refugee in International Law, Hugo Storey
28. Reciprocal Influences between the European Court of Justice and the European Court of Human Rights in Asylum Matters: 'Un Quatrain Juridique'?, Ledi Bianku
29. The External Dimension of the Area of Freedom, Security and Justice: Member States' Cooperation with External Partners within and at the Margins of EU Law, Chloé Brière

Index

Product details

• Authors: Koen Lenaerts, Ulla Neergaard, Eugene Regan, S2
• Assisted by: Koen Lenaerts (Editor), Koen (European Court of Justice Lenaerts (Editor), Lenaerts Koen (Editor), Ulla Neergaard (Editor), Ulla (University of Copenhagen Neergaard (Editor), Eugene Regan (Editor), Eugene (Court of Justice Regan (Editor), Karsten Engsig (Aarhus University Sørensen (Editor), Karsten Engsig Sørensen (Editor)
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Released: 31.10.2024
• EAN: 9781509975112
• ISBN: 978-1-5099-7511-2
• No. of pages: 392
• Dimensions: 172 mm x 246 mm x 28 mm
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / International, Public International Law, EU (European Union), Military and defence law and civilian service law, Military & Defence Law, EU Law; Lars Bay Larsen; AFSJ; CJEU