Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Margin of Appreciation Test and Balancing in the Area of Freedom Security and Justice: A Proportionate Answer for a Europe of Rights?

The Margin of Appreciation Test and Balancing in the Area of Freedom Security and Justice: A... The area of freedom security and justice (AFSJ) is currently one of the most dynamic EU integration areas. Largely absent from the debate on mutual recognition, which is the main regulatory practice in this policy field, within the AFSJ there has been the need to ensure a better balance between security focused instruments and due process rights in national courts. This paper discusses the impact of a proportionality test in the AFSJ and the function of the European Court in this balancing exercise. In addition the paper discusses the consequences, dangers and merits, of applying a margin of appreciation test in this area and what the EU can learn from Strasbourg with regard to the adequate protection of human rights. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

The Margin of Appreciation Test and Balancing in the Area of Freedom Security and Justice: A Proportionate Answer for a Europe of Rights?

Fichera; Herlin-Karnell
European Public Law , Volume 19 (4) – Jan 21, 2013
Download PDF
29 pages

Loading next page...
 
/lp/kluwer-law-international/the-margin-of-appreciation-test-and-balancing-in-the-area-of-freedom-l2LTtiIvwl
Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
Publisher site
See Article on Publisher Site

Abstract

The area of freedom security and justice (AFSJ) is currently one of the most dynamic EU integration areas. Largely absent from the debate on mutual recognition, which is the main regulatory practice in this policy field, within the AFSJ there has been the need to ensure a better balance between security focused instruments and due process rights in national courts. This paper discusses the impact of a proportionality test in the AFSJ and the function of the European Court in this balancing exercise. In addition the paper discusses the consequences, dangers and merits, of applying a margin of appreciation test in this area and what the EU can learn from Strasbourg with regard to the adequate protection of human rights.

Journal

European Public Law – Kluwer Law International

Published: Jan 21, 2013

There are no references for this article.