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Vol 24 No 2 Feb/March 2019

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The Constitutional Structure of Europe's Area of `Freedom, Security and Justice' and the Right to Justification

ISBN13: 9781509912490
To be Published: April 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis which escalated in 2015 an extreme challenge to tackle and resolve, the idea of exploring a constitutional theory for the “Area of Freedom, Security and Justice” (AFSJ), might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda at present is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to “re-invent itself” beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. This book zooms in on the trajectory of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

EU Law
1. Introduction
2. The Concept of Non-Domination in the EU Security-Related Context
3. The Right to Justification, Justice, and the Area of Freedom, Security and Justice
4. Proportionality and Reasonable Disagreement in the Area of Freedom, Security and Justice
5. The Right of Justification, Territoriality and Migration, Refugees, and Terrorism
6. The Dimensions of Constitutional Justice: The Multi-speed Scenario
7. Conclusion

Series: Hart Studies in Security and Justice

Securing Legality ISBN 9781849466301
To be published March 2020
Hart Publishing
Security and Human Rights 2nd ed ISBN 9781849467308
To be published August 2019
Hart Publishing
Surveillance, Privacy and Trans-Atlantic Relations ISBN 9781509930043
To be published June 2019
Hart Publishing
The National Security Constitution ISBN 9781509911011
Published May 2018
Hart Publishing
£58.50 + £11.70 VAT
Parliament's Secret War ISBN 9781509902873
Published February 2018
Hart Publishing
Parliament's Secret War (eBook) ISBN 9781509902903
Published February 2018
Hart Publishing
£63.00 + £12.60 VAT
Surveillance, Privacy and Trans-Atlantic Relations ISBN 9781509905416
Published February 2017
Hart Publishing
Surveillance, Privacy and Trans-Atlantic Relations (eBook) ISBN 9781509905423
Published February 2017
Hart Publishing
£54.00 + £10.80 VAT