Saenz Perez, C orcid.org/0000-0001-9935-6741 (2022) What about fundamental rights? Security and fundamental rights in the midst of a rule of law breakdown. New Journal of European Criminal Law, 13 (4). pp. 526-545. ISSN 2032-2844
Abstract
This article considers the balance between security and fundamental rights that characterises EU criminal law and examines how processes of rule of law backsliding have re-shaped it. Traditionally, EU criminal law has been characterised by its securitisation, which crystallised in the prioritisation of the principle of mutual trust over concerns for the rights of defendants. However, processes of rule of law breakdown at Member State level have challenged this balance and demonstrated the flawed foundations of mutual trust. This paper explores how the CJEU is addressing these contradictions through case law that, nonetheless, continues to prioritise security over the right to a fair trial, whilst Member State courts challenge these interpretations and develop decentralised interpretations of the right to a fair trial. The goal is to evaluate whether judicial dialogue provides an adequate framework to counter the securitisation of EU criminal law and protect the right to a fair trial in the midst of a process of rule of law breakdown.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2022. This article is distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access page (https://us.sagepub.com/en-us/nam/open-access-at-sage). |
Keywords: | European arrest warrant; criminal law; human rights; rule of law; fair trial |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 13 Dec 2022 16:46 |
Last Modified: | 25 Jun 2023 23:09 |
Status: | Published |
Publisher: | SAGE Publications |
Identification Number: | 10.1177/20322844221140871 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:193460 |