{"product_id":"fundamental-rights-and-mutual-trust-in-the-area-of-freedom-security-and-justice-a-role-for-proportionality-9781509922253","title":"Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice: A Role for Proportionality?","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003eFundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice\u003c\/i\u003e … offers an excellent and much needed contribution to the field. It is the first comprehensive book specifically dedicated to the function and impact of proportionality in the \u003ci\u003eArea of Freedom, Security and Justice\u003c\/i\u003e … Written in a clear and entertaining manner, the book is a must read for anyone interested in the future of \u003ci\u003eArea of Freedom, Security and Justice\u003c\/i\u003e law. * Ester Herlin-Karnell, University of Gothenburg (from the foreword) *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1. Mutual Recognition: From Passive to Active Recognition  Introduction Overview of the Area of Freedom, Security and Justice  Origins of Mutual Recognition  Transfer of Mutual Recognition to the Area of Freedom, Security and Justice  Typology and Operation of Mutual Recognition  Development of Mutual Recognition  Models of Mutual Recognition  From a Passive to an Active Model of Mutual Recognition  Seeking Equivalence and a Role for Proportionality?  Conclusion    2. Mutual Trust: From Blind to Gained Trust  Introduction Mutual Trust in the Framework Decision on the European Arrest Warrant  Mutual Trust in the Dublin III Regulation  Evolution of Trust  Blind Trust  The FDEAW  Dublin System Qualified System of Trust  Trust Based on Individual Assessment?  Age of Distrust?  Brexit and Distrust  Rule of Law Crisis and Mutual Trust  ECtHR Threshold: Flagrant Denial of Justice  Criticism and Commentary  Grounds for Pragmatic Earned Trust  Conclusion    3. Deconstructing Proportionality  Introduction Early Philosophical Foundations  Emergence of a Legal Doctrine  Structure of the Proportionality-based Analysis  Legitimate Objective  Suitability and Necessity  Challenges and Limits  Proportionality in EU Law  Conclusion    4. The Quest for Balancing in the AFSJ Case Law: Needle in a Haystack  Introduction Protection of Victims in Criminal Proceedings Case Law  European Arrest Warrant Case Law  \u003ci\u003eKozlowski; I.B. \u003c\/i\u003e \u003ci\u003eLeyman; Wolzenburg \u003c\/i\u003e \u003ci\u003eLopes Da Silva\u003c\/i\u003e \u003ci\u003eJeremy F \u003c\/i\u003e \u003ci\u003eRadu \u003c\/i\u003e \u003ci\u003eMelloni \u003c\/i\u003e \u003ci\u003eAranyosi and Caldararu \u003c\/i\u003e \u003ci\u003eLM \u003c\/i\u003eand the Essence of the Rights  Remarks  Dublin System Case Law  Conclusion    5. Constructing Proportionality for the Area of Freedom, Security and Justice  Introduction Deconstructing EU Fundamental Rights Fundamental Rights in EU Constitutionalism  The Charter and its Scope of Application  The Place of Fundamental Rights in the AFSJ  Constructing Proportionality for the AFSJ  Criteria on the Relevance of Proportionality Per Se  Article 52(1) of the Charter and the Essence of the Rights  European Investigation Order and Proportionality  Context of Application: Transfers of Individuals Based on Mutual Recognition  Generic Balancing Parameters  Variable Intensity  Seriousness of the Value Under Restriction  Vulnerability of Individuals  Degree of Harmonisation  Conclusion    6. Case Study I: European Arrest Warrant Transfers  Introduction EU Criminal Justice: Evolution and Framework in the Context of Mutual Recognition  Security and the Constructed European Public Order  Constitutional Framework of EU Criminal Justice  Surrender Procedures and Fundamental Rights Breaches  Informing and Applying a Proportionality-based Analysis in the Context of the FDEAW  Disproportionate Requests and Proportionality  The Legality Principle and the Opportunity Principle in Prosecution  Proportionality-based Analysis Informed by the Rights in Question  The Principle of \u003ci\u003eNe Bis in Idem \u003c\/i\u003e The Right to be Informed and Defence Rights  Right to Appeal  Principle of Legality in Criminal Law  Proportionality in Light of \u003ci\u003eAranyosi\u003c\/i\u003e: Mission Impossible  Conclusion: The Impact of Proportionality-based Analysis on Surrenders    7. Case Study II: Dublin Transfers  Introduction Public Discourse and EU Asylum Law  The Common European Asylum System  The Institutional and Legal Evolution of the Current Framework on CEAS  Dublin III Regulation  Dublin Shortcomings  Border and Migration Control as Dominant Narrative  Refugee (Governance) Crisis  Informing and Applying a Proportionality-based Analysis in the Context of the Dublin III Regulation  Proportionality-based Analysis Informed by the Rights in Question  Criteria of Balancing  Impact; the Limits of the Principle of Proportionality  No Place for Proportionality where Absolute Rights are Breached  Conclusion    Reflecting and Looking Ahead: Summation of Arguments, the Way Forward and Conclusion  Summation of Arguments  The General Reach of the Argument and its Limits  Variable Impact of Proportionality-based Analysis  The Way Forward for Mutual Trust and Recognition  EU Criminal Justice  CEAS  The Need for a Consistent Theory of Fundamental Rights for EU Law  Conclusion","brand":"Bloomsbury Publishing PLC","offers":[{"title":"Default Title","offer_id":53188036428119,"sku":"9781509922253","price":999.99,"currency_code":"GBP","in_stock":false}],"url":"https:\/\/bookcurl.com\/products\/fundamental-rights-and-mutual-trust-in-the-area-of-freedom-security-and-justice-a-role-for-proportionality-9781509922253","provider":"Book Curl","version":"1.0","type":"link"}