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

Description

The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order. Volume 9 in the series Hart Studies in European Criminal Law 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 I. Introduction II. The Directive III. EU Law Proportionality IV. Legal Certainty V. Criminal Law Proportionality VI. Conclusions 4. The Anti-Drug Trafficking Directive I. Introduction II. The Regulation III. The Directive IV. EU Law Proportionality V. Legal Certainty VI. Criminal Law Proportionality VII. Conclusions 5. The Market Abuse Directive I. Introduction II. The Regulation III. The Directive IV. EU Law Proportionality V. Legal Certainty VI. Criminal Law Proportionality VII. Conclusions 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 I. Introduction II. Mutual Recognition and Mutual Trust in EU Law III. The Right to Liberty in Europe IV. Conclusions 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 I. Introduction 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 IV. Conclusions 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 I. Introduction 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 I. Introduction 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