Overview
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.
Full Product Details
Author: Ermioni Xanthopoulou (Brunel Law School)
Publisher: Bloomsbury Publishing PLC
Imprint: Hart Publishing
Weight: 0.536kg
ISBN: 9781509922253
ISBN 10: 1509922253
Pages: 248
Publication Date: 30 April 2020
Audience:
College/higher education
,
Tertiary & Higher Education
Format: Hardback
Publisher's Status: Active
Availability: Manufactured on demand
We will order this item for you from a manufactured on demand supplier.
Reviews
Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice … offers an excellent and much needed contribution to the field. It is the first comprehensive book specifically dedicated to the function and impact of proportionality in the Area of Freedom, Security and Justice … Written in a clear and entertaining manner, the book is a must read for anyone interested in the future of Area of Freedom, Security and Justice law. * Ester Herlin-Karnell, University of Gothenburg (from the foreword) *
Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice ... offers an excellent and much needed contribution to the field. It is the first comprehensive book specifically dedicated to the function and impact of proportionality in the Area of Freedom, Security and Justice ... Written in a clear and entertaining manner, the book is a must read for anyone interested in the future of Area of Freedom, Security and Justice law. * Ester Herlin-Karnell, University of Gothenburg (from the foreword) *
Author Information
Ermioni Xanthopoulou is lecturer in law at Brunel Law School.
