Fundamental Rights and Security: The Difficult Place of the European Judiciary
24 Pages Posted: 27 Nov 2009
Date Written: November 23, 2009
This paper examines three key judgments of the European Court of Justice in matters relating to criminal justice and security: addressing the Passenger Name Record Agreements, Data Retention Directive and targeted asset-freezing sanctions. It argues that faced with increasing criminal justice and security action at EU level, the European judiciary have struggled to articulate a clear position on fundamental rights and security.
Keywords: EU Law, Terrorism, European Court of Justice, Passenger Name Record, Data Retention Directive, Sanctions, Kadi
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