The European Union and Deprivation of Liberty

A Legislative and Judicial Analysis from the Perspective of the Individual
Erscheinungsjahr 2019
ISBN: 978-1-5099-0808-0
Verlag: Bloomsbury Academic

Buch, Englisch, 272 Seiten, Hardback, Format (B × H): 236 mm x 160 mm, Gewicht: 567 g

The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.

Autoren/Hrsg.

Mancano, Leandro

Weyembergh, Anne

Ligeti, Katalin

Mitsilegas, Valsamis

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Öffentliches Recht (inkl. EMRK)
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Straf- und Strafverfahrensrecht

Inhaltsverzeichnis

I. The European Union and Deprivation of Liberty. The Importance of the Origins

II. A Holistic Approach

III. Plot and Main Characters

PART I
FREE MOVEMENT AND DEPRIVATION OF LIBERTY IN EU LAW
1. Free Movement and Deprivation of Liberty. Paradigm, Genesis, Laboratory

I. Free Movement and the Origins of Deprivation of Liberty in EU Law

II. EU Law and Deprivation of Liberty. The Internal Market as a Laboratory

III. Beyond the Internal Market. Free Movement as Trigger and Objective of Deprivation of Liberty in EU Law

IV. Conclusions

PART II
SUBSTANTIVE EU CRIMINAL LAW
2. Deprivation of Liberty and Substantive Criminal Law. Overview

I. Introduction

II. The Use of Imprisonment in EU Substantive Criminal Law. Reasons and Methods

III. The Case Studies: Rationales and Criteria of Analysis

IV. Deprivation of Liberty and Substantive EU Criminal Law. The Policy Context

V. Deprivation of Liberty and Substantive EU Criminal Law. The Legal Framework

VI. Conclusions

3. The PIF Directive

I. Introduction

II. The Directive

III. EU Law Proportionality

IV. Legal Certainty

V. Criminal Law Proportionality

VI. Conclusions

4. The Anti-Drug Trafficking Directive

I. Introduction

II. The Regulation

III. The Directive

IV. EU Law Proportionality

V. Legal Certainty

VI. Criminal Law Proportionality

VII. Conclusions

5. The Market Abuse Directive

I. Introduction

II. The Regulation

III. The Directive

IV. EU Law Proportionality

V. Legal Certainty

VI. Criminal Law Proportionality

VII. Conclusions

Concluding Remarks on EU Substantive Criminal Law and Deprivation of Liberty

PART III
PROCEDURAL CRIMINAL LAW AND MUTUAL RECOGNITION
6. EU Procedural Criminal and Mutual Recognition. Overview

I. Introduction

II. Mutual Recognition and Mutual Trust in EU Law

III. The Right to Liberty in Europe

IV. Conclusions

7. The European Arrest Warrant and the Procedural Rights Directives

I. The European Arrest Warrant

II. The Procedural Rights Directives

III. Conclusions

8. Mutual Recognition of Custodial Penalties, Probation Measures and the European Supervision Order

I. Introduction

II. The FD on Transfer of Prisoners, Probation Measures and the ESO

III. The Right to Liberty and Coercive Movement of Persons within the EU

IV. Conclusions

Concluding Remarks on Deprivation of Liberty in Mutual Recognition and EU Criminal Procedure

PART IV
ASYLUM AND IMMIGRATION DETENTION
9. Deprivation of Liberty in the Context of Immigration Control. Overview

I. Introduction

II. EU Law and Migration Issues

III. The Right to Liberty in EU Asylum and Immigration Law

10. Asylum Law

I. The EU Rules on Detention

II. Immigration Detention in the Common European Asylum System
III. Deprivation of Liberty in EU Asylum Law and the Presumption of Mutual Trust
IV. Grounds and Limits of Detention of Asylum-Seekers

V. The Right to Liberty in EU Asylum Law. Adequate Level of Protection?

VI. Conclusions on Deprivation of Liberty in EU Asylum Law

11. Irregular Migration

I. Introduction

II. Secondary Law

III. The Right to Liberty of Irregular Migrants and the CJEU's Interpretation

IV. The Right to Liberty in EU Law and Immigration Detention

V. Conclusions on Immigration Detention in EU Law

Concluding Remarks on Asylum and Immigration Detention in EU Law

PART V
DEPRIVATION OF LIBERTY AND EU CITIZENSHIP
12. Integration and Reintegration in the EU Civic Status of Detainees

I. Introduction

II. Integration and EU Citizenship

III. Deprivation of Liberty and Reintegration in EU Law

IV. Conclusions on Deprivation of Liberty and EU Citizenship

Über Autor(innen)

Mancano, Leandro
Leandro Mancano is Senior Lecturer in European Union Law at the University of Edinburgh Law School.

Leandro Mancano is Senior Lecturer in European Union Law at the University of Edinburgh.