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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 Lenaerts2. Judicial Cooperation in Criminal Matters: Two Sides of Institutional Evolution,
Eugene Regan3. Mutual Trust in Judicial Cooperation in Criminal Matters,
Küllike Jürimäe4. Defining a Notion of Judicial Authority in the Context of the Area of Freedom, Security and Justice,
Irmantas Jarukaitis5. The Case Law on Effective Remedy under the Dublin III Regulation: The Gradual Construction of a Fragile Mosaic,
Jesper Svenningsen and Yann Laurans6. Judicial Review of Acts of the European Public Prosecutor's Office: The Limits of Effective Judicial Protection of European Prosecution,
Katelin Ligeti7. 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 Sterck8. Opt-Outs in the Area of Freedom, Security and Justice: The Danish Example,
Christian ThorningPART 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 Lycourgos10. 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 Gratsias11. The Principle of Democracy in EU Law,
Ineta Ziemele12. The Principle of Solidarity and the Area of Freedom, Security and Justice,
Ulla Neergaard13. Ne Bis in Idem and EU Law: A Critical View of Recent Judgments,
Steve Peers14. 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 Ricci15. Subsidiary Protection in EU Law: Some Reflections on its Specific Features,
Tatiana Cassagnabère and Anna GrassoPART 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 Schmitt17. Schengen and Internal Border Control,
Karsten Engsig Sørensen18. EU Citizenship and Nationality - A Question of Competence,
Henrik Saugmandsgaard Øe and Philip Rennemo-Henriksen19. 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 Rossi20. 'Tra il dire e il fare c'è di mezzo il mare': Harmonisation of Victims' Rights in EU Criminal Law,
Adam Lazowski21. 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 Mitsilegas22. Data Protection in the Area of Freedom, Security and Justice,
Peter George Xuereb and Bucura C Mihaescu-Evans23. Extradition from the EU: Gimme Shelter!,
Christopher Vajda24. 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 SafjanPART IV: THE IMPACT OF THE AREA OF FREEDOM, SECURITY AND JUSTICE
25. Free Movement of Persons in EU and EEA Law: An Illustration,
Per Christiansen26. Absent Prosecution Witnesses and Active Participation at Trial: The European Court of Justice Shapes European Fairness on Criminal Justice,
Silvia Allegrezza27. The Contribution of the European Court of Justice to the Definition of Refugee in International Law,
Hugo Storey28. Reciprocal Influences between the European Court of Justice and the European Court of Human Rights in Asylum Matters: 'Un Quatrain Juridique'?,
Ledi Bianku29. 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 BrièreIndex
About the author
Koen Lenaerts is President of the Court of Justice, Luxembourg.
Eugene Regan is a Judge at the Court of Justice, Luxembourg, and President of the Fifth Chamber.
Ulla Neergaard is Professor of EU Law at the University of Copenhagen, Denmark.
Karsten Engsig Sørensen is Professor at the Department of Law, Aarhus University, Denmark.
