The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
Table Of Contents
I. The European Union and Deprivation of Liberty. The Importance of the Origins
II. A Holistic Approach
III. Plot and Main Characters
PART I
FREE MOVEMENT AND DEPRIVATION OF LIBERTY IN EU LAW
1. Free Movement and Deprivation of Liberty. Paradigm, Genesis, Laboratory
I. Free Movement and the Origins of Deprivation of Liberty in EU Law
II. EU Law and Deprivation of Liberty. The Internal Market as a Laboratory
III. Beyond the Internal Market. Free Movement as Trigger and Objective of Deprivation of Liberty in EU Law
IV. Conclusions
PART II
SUBSTANTIVE EU CRIMINAL LAW
2. Deprivation of Liberty and Substantive Criminal Law. Overview
I. Introduction
II. The Use of Imprisonment in EU Substantive Criminal Law. Reasons and Methods
III. The Case Studies: Rationales and Criteria of Analysis
IV. Deprivation of Liberty and Substantive EU Criminal Law. The Policy Context
V. Deprivation of Liberty and Substantive EU Criminal Law. The Legal Framework
VI. Conclusions
3. The PIF Directive
I. Introduction
II. The Directive
III. EU Law Proportionality
IV. Legal Certainty
V. Criminal Law Proportionality
VI. Conclusions
4. The Anti-Drug Trafficking Directive
I. Introduction
II. The Regulation
III. The Directive
IV. EU Law Proportionality
V. Legal Certainty
VI. Criminal Law Proportionality
VII. Conclusions
5. The Market Abuse Directive
I. Introduction
II. The Regulation
III. The Directive
IV. EU Law Proportionality
V. Legal Certainty
VI. Criminal Law Proportionality
VII. Conclusions
Concluding Remarks on EU Substantive Criminal Law and Deprivation of Liberty
PART III
PROCEDURAL CRIMINAL LAW AND MUTUAL RECOGNITION
6. EU Procedural Criminal and Mutual Recognition. Overview
I. Introduction
II. Mutual Recognition and Mutual Trust in EU Law
III. The Right to Liberty in Europe
IV. Conclusions
7. The European Arrest Warrant and the Procedural Rights Directives
I. The European Arrest Warrant
II. The Procedural Rights Directives
III. Conclusions
8. Mutual Recognition of Custodial Penalties, Probation Measures and the European Supervision Order
I. Introduction
II. The FD on Transfer of Prisoners, Probation Measures and the ESO
III. The Right to Liberty and Coercive Movement of Persons within the EU
IV. Conclusions
Concluding Remarks on Deprivation of Liberty in Mutual Recognition and EU Criminal Procedure
PART IV
ASYLUM AND IMMIGRATION DETENTION
9. Deprivation of Liberty in the Context of Immigration Control. Overview
I. Introduction
II. EU Law and Migration Issues
III. The Right to Liberty in EU Asylum and Immigration Law
10. Asylum Law
I. The EU Rules on Detention
II. Immigration Detention in the Common European Asylum System
III. Deprivation of Liberty in EU Asylum Law and the Presumption of Mutual Trust
IV. Grounds and Limits of Detention of Asylum-Seekers
V. The Right to Liberty in EU Asylum Law. Adequate Level of Protection?
VI. Conclusions on Deprivation of Liberty in EU Asylum Law
11. Irregular Migration
I. Introduction
II. Secondary Law
III. The Right to Liberty of Irregular Migrants and the CJEU's Interpretation
IV. The Right to Liberty in EU Law and Immigration Detention
V. Conclusions on Immigration Detention in EU Law
Concluding Remarks on Asylum and Immigration Detention in EU Law
PART V
DEPRIVATION OF LIBERTY AND EU CITIZENSHIP
12. Integration and Reintegration in the EU Civic Status of Detainees
I. Introduction
II. Integration and EU Citizenship
III. Deprivation of Liberty and Reintegration in EU Law
IV. Conclusions on Deprivation of Liberty and EU Citizenship
