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  

Sionaidh Douglas-Scott

University of Oxford - Faculty of Law; Queen Mary University of London

Date Written: January 2004

Abstract

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

Suggested Citation

Douglas-Scott, Sionaidh, The Rule of Law in the European Union -- Putting the Security into the Area of Freedom, Security and Justice (January 2004). 29 European Law Review (2004) 219. Available at SSRN: https://ssrn.com/abstract=2458546

Sionaidh Douglas-Scott (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Queen Mary University of London ( email )

School of Economics and Finance
Mile End Road
London, E1 4NS
United Kingdom

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