Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-pgkvd Total loading time: 0.343 Render date: 2022-08-17T16:16:45.129Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

5 - The legal framework of the European Union's counter-terrorist policies: full of good intentions?

Published online by Cambridge University Press:  01 June 2011

Christina Eckes
Affiliation:
University of Amsterdam
Christina Eckes
Affiliation:
Universiteit van Amsterdam
Theodore Konstadinides
Affiliation:
University of Surrey
Get access

Summary

INTRODUCTION

Terrorism has become one of the main buzz words of our times. This has not left the European Union (EU)'s policies unaffected. Indeed, it is fair to say that counter-terrorism is one of the fastest developing policy regimes within the EU. This might be particularly surprising given that it is somewhat controversial whether the EU should play a role in the fight against terrorism at all. Certainly the particularities of the European legal order create additional obstacles to adopting a coherent counter-terrorist policy regime.

In the last decade both the quality and the quantity of activities aimed to contain terrorism have increased tremendously within the EU. Today, the EU has developed its own counter-terrorist policies that include measures under the former Community pillar. In particular, the European Council's ‘Action Plan’ to fight terrorism on 21 September 2001 marks the opening of a new chapter in the EU's counter-terrorist activities. Part of this development is that the fight against terrorism has become one of the central objectives in the creation of the Area of Freedom, Security and Justice (AFSJ). This both reflects and shapes the EU's choice of taking a criminal law approach to fighting terrorism. The Council described the objectives of the AFSJ as: (1) extending free movement of persons, protecting fundamental rights, and promoting EU citizenship while facilitating the integration of third country nationals (freedom); (2) fighting against all forms of organised crime (security); (3) guaranteeing European citizens equal access to justice and facilitating cooperation between Member States' judicial authorities (justice).

Type
Chapter
Information
Crime within the Area of Freedom, Security and Justice
A European Public Order
, pp. 127 - 158
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Douglas-Scott, Sionaidh, ‘The Rule of Law in the European Union: Putting the Security into the EU's Area of Freedom, Security and Justice29/2 European Law Review (2004), 219–42Google Scholar
Monar, Jörg, ‘Common Threat and Common Response? The European Union's Counter-Terrorism Strategy and its Problems42(3) Government and Opposition (2007) 292–313CrossRefGoogle Scholar
Limbach, Jutta speaks of an ‘unbroken line of political activism in the fight against terrorism’: ‘Human Rights in Times of Terror – Is Collective Security the Enemy of Individual Freedom?1 Göttingen Journal of International Law (2009) 19Google Scholar
Prantl, Heribert, Der Terrorist als Gesetzgeber. Wie man mit Angst Politik macht (Droemer Knaur, 2008)Google Scholar
D'Appollonia, Ariane Chebel and Reich, Simon, ‘The Securitization of Immigration – Multiple Countries, Multiple Dimensions’, in Ariane Chebel D'Appollonia and Simon Reich (eds.), Immigration, Integration, and Security: America and Europe in Comparative Perspective (University of Pittsburgh Press, 2008) 1 ffCrossRefGoogle Scholar
Blekxtoon, R. and Ballegooij, W. (eds.), Handbook on the European Arrest Warrant (T.M.C.Asser Press, 2004)Google Scholar
Wouters, J. and Naert, F., ‘Of Arrest Warrants, Terrorist Offences and Extradition Deals: An Appraisal of the EU's Main Criminal Law Measures against Terrorism after 11 September41 Common Market Law Review (2004) 909ffGoogle Scholar
Becher, K., ‘Has-been, Wannabe, or Leader: Europe's Role in the World after the 2003 European Security Strategy13(4) European Security (2003) 345–9CrossRefGoogle Scholar
Müller-Wille, Björn, ‘The Effect of International Terrorism on EU Intelligence Co-operation46 Journal of Common Market Studies (2008) 49–73CrossRefGoogle Scholar
Eckes, Christina, EU Counter-Terrorist Policies and Fundamental Rights – The Case of Individual Sanctions (Oxford University Press, 2009)CrossRefGoogle Scholar
Eckes, Christina, ‘Judicial Review of European Anti-Terrorism Measures: The Yusuf and Kadi Judgments of the Court of First Instance14 European Law Journal (2008) 74–92CrossRefGoogle Scholar
Shah, Sangeeta, ‘The UK's Anti-Terror Legislation and the House of Lords: The Battle Continues6(2) Human Rights Law Review (2006) 416–34CrossRefGoogle Scholar
Fenwick, Helen, ‘The Reaction of Great Britain's Legal Order to September 11, 2001’, in Bernd Rill (ed.), Terrorismus und Recht – Der wehrhafte Rechtsstaat (Hanns Seidel Stiftung, 2003) 57 ffGoogle Scholar
Dickson, Brice, ‘Law versus Terrorism: Can Law Win?1 European Human Rights Law Review11 ff
Curtin, Deirdre, Executive Power of the European Union – Law, Practices, and the Living Constitution (Oxford University Press, 2009) 182CrossRefGoogle Scholar
Hale, Baroness, ‘Human Rights in the Age of Terrorism: The Democratic Dialogue in Action’ (39) Georgetown Journal of International Law (2008) 383 ffGoogle Scholar
Cha, V. D., ‘Globalization and the Study of International Security37 Journal of Peace Research (2000) 391 ffCrossRefGoogle Scholar
Stetter, Stephan, EU Foreign and Interior Policies: Cross-pillar Politics and the Social Construction of Sovereignty (Routledge, 2007) 87, 94, 118Google Scholar
Hillion, Christophe, ‘Mixity and Coherence in EU External Relations: The Significance of the “Duty of Cooperation”’, CLEER Working Papers 2009/2; Jan Klabbers, Treaty Conflict and the European Union (Cambridge University Press, 2009)Google Scholar
Peers, Steve, ‘EU Responses to Terrorism52 International and Comparative Law Quarterly (2003) 232 ffCrossRefGoogle Scholar
Nehl, Hanns Peter, Principles of Administrative Procedure in EC Law (Hart Publishing, 1999) 71 and 84Google Scholar
Guild, Elspeth, ‘The Uses and Abuses of Counter-Terrorism Policies in Europe: The Case of the “Terrorist Lists”46(1) Journal of Common Market Studies (2008) 173–93CrossRefGoogle Scholar
Miller, Erin, ‘The Use of Targeted Sanctions in the Fight against International Terrorism: What about Human Rights?’, in American Society of International Law, An Imperial Security Council? Implementing Security Council Resolutions 1373 and 1390. Proceedings of the Annual Meeting (Washington DC: American Society of International Law, 2003) vol. 97, p. 48Google Scholar
Reinisch, August, ‘The Action of the European Union to Combat International Terrorism’, in Andrea Bianchi, (ed.), Enforcing International Law Norms Against Terrorism (Hart Publishing, 2004) 119 ffGoogle Scholar
1
Cited by

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×