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EU Counter-Terrorism Law

Pre-Emption and the Rule of Law

By: Cian C Murphy
Media of EU Counter-Terrorism Law
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Published: 08-06-2012
Format: Hardback
Edition: 1st
Extent: 274
ISBN: 9781849461351
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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About EU Counter-Terrorism Law

EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme.

'an impressively accurate and alarming analysis'
Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs

2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013

Table Of Contents

Introduction: September 11: Counter-Terrorism and the Rule of Law
1. European Counter-Terrorism Action
2. The EU Rule of Law
3. Criminalising 'Terrorism' in EU Law
4. Anti-Money-Laundering and Counter-Terrorist Finance
5. Targeted Asset-Freezing Sanctions
6. Data Surveillance
7. European Warrants
8. Rule of Law and Pre-Emption Reconsidered
Epilogue: EU Counter-Terrorism in a post-'War on Terror' World


“...a cogent, tightly-argued book exploring how the EU has changed its policies to combat terrorism.
The overall strength of [the book] is in the describing of the antinomies between rule of law and terrorism and in describing the shift that occurred in the EU toward pre-emption. The second strength is in describing how the EU is not so innocent in terms of how it has confronted terrorism.
” –  David Schultz, Law and Politics Book Review, Volume 23, Number 10

“...a comprehensive treatise on the European Union's tightening net of legal instruments aiming to constrain terrorism. The book delves into the necessary legal detail to substantiate its claims and presents the law within its political and philosophical context. excellent foundational work on the European Union's fight against terrorism [which] highlights the need for research into a new normality of permanent counter-terrorist laws.
” –  Christina Eckes, Public Law

“The large-scale terrorist attacks of 2001 (USA), 2004 (Spain) and 2005 (UK) helped harness the counter-terrorist efforts of EU Member States through the development of new institutions, legislation, policies and third country agreements. Some of the new developments were of benefit to law enforcement more generally. The author expertly analyses the principal strands of the EU's response – criminalisation, measures against terrorist financing, targeted sanctions, data surveillance and European Warrants. He also identifies and comments upon the profound challenges which the EU's response, though bureaucratic rather than military in nature, poses to the protection of fundamental rights and the rule of law.

Unique in its range and its depth, this is the essential guide to EU counter-terrorism law.

” –  David Anderson QC, Independent Reviewer of Terrorism Legislation

“The book by Murphy makes an interested reading and is informed with law, politics and sociological discourse. It covers a vast range of legislation enacted in the name of the fight against terrorism, stressing the main character of the law post 9/11, labelled as “counter law” or “law against law”, a new phenomenon of law marked by an increase in power of executive actors, governments, intelligence agencies, and law enforcement actors operating under the umbrella of national security.” –  Luisa Marin, European Law Review, Volume 39

“This valuable book brings together a range of difficult materials on EU counter-terrorism law, renders them easily digestible with an attractive sureness of touch, and then serves them up to the reader with a consistent scholarly perspective that adds immeasurably to critical understanding. The 31st in Hart's Modern Studies in European Law series, the book is a model of the sort of monograph that young scholars seeking to turn their early research into field-leadership should be seeking to do. It is also impressively ahead of its time: coming before the Snowden revelations of quite how far counter-terrorism has been prepared to go, Murphy's book both prepares us for shocks like this and suggests a way that Europe can (and should) react.” –  Conor Gearty, Cambridge Law Journal, Volume 73(2)

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