Book contents
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- 13 Mutual Recognition and Fundamental Rights in EU Criminal Law
- 14 The Right to Liberty and Security in EU Criminal Law
- 15 Defence Rights and Effective Remedies in EU Criminal Law*
- 16 Victims of Crime in the Area of Freedom, Security and Justice
- 17 The Principle of Legality in the Area of Freedom, Security and Justice
- 18 The Interpretation and Application of the Ne Bis In Idem Principle in the EU Area of Freedom, Security and Justice
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
14 - The Right to Liberty and Security in EU Criminal Law
from Part IV - Judicial Cooperation in Criminal Matters and Police Cooperation
Published online by Cambridge University Press: 06 August 2021
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- 13 Mutual Recognition and Fundamental Rights in EU Criminal Law
- 14 The Right to Liberty and Security in EU Criminal Law
- 15 Defence Rights and Effective Remedies in EU Criminal Law*
- 16 Victims of Crime in the Area of Freedom, Security and Justice
- 17 The Principle of Legality in the Area of Freedom, Security and Justice
- 18 The Interpretation and Application of the Ne Bis In Idem Principle in the EU Area of Freedom, Security and Justice
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
Summary
The application of mutual recognition to judicial cooperation in criminal matters within the EU has created significant challenges for the right to liberty. While the European arrest warrant was initially the prinicipal subject in the debate, discussions on the impact of EU criminal law on the right to liberty have now significantly broadened in scope. The present chapter reflects this development and addresses the role of the right to liberty in three scenarios: EU measures triggering cases of continued detention through mutual recognition; EU measures safeguarding the right to liberty; and EU measures facilitating alternatives to detention. The chapter argues that, while progress has undoubtedly been made, much still needs to be done to adequately protect the liberty of persons in criminal proceedings and judicial cooperation procedures.
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- Publisher: Cambridge University PressPrint publication year: 2021
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