Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice

A Role for Proportionality?

Ermioni Xanthopoulou

• Publisher: Hart Publishing
• Year: 2020
• Print ISBN: 9781509922253
• eBook ISBN: 9781509922277
• Edition: 1
• Topic: Diritto
• Subtopic: Diritto internazionale

This 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.

Table of contents

• Foreword
• Acknowledgements
• Contents
• Table of Cases
• Table of Legislation
• Introduction
• 1. Mutual Recognition: From Passive to Active Recognition
• 2. Mutual Trust: From Blind to Gained Trust
• 3. Deconstructing Proportionality
• 4. The Quest for Balancing in the AFSJ Case Law: Needle in a Haystack
• 5. Constructing Proportionality for the Area of Freedom, Security and Justice
• 6. Case Study I: European Arrest Warrant Transfers
• 7. Case Study II: Dublin Transfers
• Reflecting and Looking Ahead Summation of Arguments, the Way Forward and Conclusion
• Bibliography
• Index