Chapter

Freedom, Security, and Justice in the European Court of Justice: The Ambiguous Nature of Judicial Review

Sionaidh Douglas-Scott

in The Legal Protection of Human Rights

Published in print February 2011 | ISBN: 9780199606078
Published online September 2011 | e-ISBN: 9780191729720 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199606078.003.0013
Freedom, Security, and Justice in the European Court of Justice: The Ambiguous Nature of Judicial Review

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It has become almost commonplace to state that, in the context of the EU's Area of Freedom Security and Justice (AFSJ), freedom and justice are being sacrificed to the needs of security. This means, among other things, that important human rights are sacrificed. The EU has been slow to adopt measures on rights, and too quick to adopt more coercive and potentially rights-violating measures such as the European Arrest Warrant, or the extremely broad EU definition of terrorism. The performance of the European Court of Justice has been disappointing and there has been little input from the European Parliament. This chapter discusses two specific cases relating to US access to Passenger Name Records and terrorist blacklisting (Kadi), which are more to do with the autonomy of EC law than with human rights protection. It examines the current situation and argues that judicial review by the European Court of Justice has not improved the situation.

Keywords: area of freedom; security and justice; European arrest warrant; terrorist blacklists; judicial review

Chapter.  14740 words. 

Subjects: Human Rights and Immigration

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