The right to liberty and security in EU criminal law

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

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.
Original languageEnglish
Title of host publicationFundamental Rights in the EU Area of Freedom, Security and Justice
EditorsSara Iglesias Sanchez, Maribel Gonzales Pascual
PublisherCambridge University Press
Chapter14
Pages272-288
Number of pages17
ISBN (Electronic)9781108769006
ISBN (Print)9781108488136
DOIs
Publication statusPublished - 29 Jul 2021

Keywords

  • mutual recognition
  • European arrest warrant
  • EU Court of Justice
  • right to liberty
  • judicial cooperation
  • procedural rights
  • criminal procedure

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