The European Union and Deprivation of Liberty : A Legislative and Judicial Analysis from the Perspective of the Individual.

Format:

Book

Author/Creator:

Mancano, Leandro.

Series:

Hart Studies in European Criminal Law

Language:

English

Subjects (All):

European Union countries.

Detention of persons.

Physical Description:

1 online resource (269 pages)

Edition:

1st ed.

Other Title:

European Union and deprivation of liberty

Place of Publication:

London : Bloomsbury Publishing Plc, 2019.

Summary:

This book, 'The European Union and Deprivation of Liberty' by Leandro Mancano, offers a comprehensive analysis of how EU legislation and judicial practices address the deprivation of liberty, focusing on fundamental rights such as legality, liberty, and social reintegration of offenders. It evaluates EU law in light of these rights, reflecting on the relationship between public authority and individual freedom. The book explores the EU's aim to maintain a borderless area and addresses legal phenomena related to liberty deprivation within EU law. It provides a detailed examination of EU criminal and immigration law, including the interplay between these laws and EU citizenship, analyzed from the perspective of the Area of Freedom, Security, and Justice (AFSJ). This work is intended for scholars and professionals in European criminal law, particularly those interested in the implications of EU law on fundamental rights. Generated by AI.

Contents:

Intro

Foreword

Acknowledgements

Contents

Table of Cases

Prologue

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

II. The Directive

III. EU Law Proportionality

IV. Legal Certainty

V. Criminal Law Proportionality

4. The Anti-Drug Trafficking Directive

II. The Regulation

III. The Directive

IV. EU Law Proportionality

V. Legal Certainty

VI. Criminal Law Proportionality

VII. Conclusions

5. The Market Abuse Directive

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

II. Mutual Recognition and Mutual Trust in EU Law

III. The Right to Liberty in Europe

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

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

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

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

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

Epilogue

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9781509908073

1509908072

OCLC:

1090987187