The Rule of Law in the European Union -- Putting the Security into the Area of Freedom, Security and Justice
29 European Law Review (2004) 219
19 Pages Posted: 25 Jun 2014
Date Written: January 2004
This article examines the activities of the EU under the former Third Pillar of the TEU -- Police and Judicial Co-operation in Criminal Matters -- most particularly those taken by the EU in response to the terrorist attacks of September 11. It considers the European arrest warrant, the EU definition of terrorism and EU measures concerning the financing of terrorism, as well as the activities of Europol and Eurojust. The article assesses these EU actions with reference to concerns of democratic accountability, judicial control and fundamental rights, but also highlights the growth of an EU criminal law jurisdiction which is both substantive and procedural, legislative and operational and suggests that, in the post-September 11 haste to pass security measures, the other elements of the area of freedom, security and justice -- freedom and justice -- have been ignored.
Keywords: EU law, criminal law and justice, terrorism, international criminal law, freedom, security
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