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The Legal Protection of Human RightsSceptical Essays$
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Tom Campbell, K.D. Ewing, and Adam Tomkins

Print publication date: 2011

Print ISBN-13: 9780199606078

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199606078.001.0001

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

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

Chapter:
(p.268) 13 Freedom, Security, and Justice in the European Court of Justice: The Ambiguous Nature of Judicial Review
Source:
The Legal Protection of Human Rights
Author(s):

Sionaidh Douglas-Scott

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606078.003.0013

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

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