Managing Legal Diversity in Europe’s Area of Criminal Justice: The Role of Autonomous Concepts

Mitsilegas, Valsamis

doi:10.1017/cbo9781316156315.008

Cited by 24 publications

(1 citation statement)

References 16 publications

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“…60 Fundamental expression of this endeavour is the Court's use of the autonomous concept. 61 For reasons of uniformity, equality and effectiveness of EU law certain concepts require a Union-wide understanding, and their definition cannot be left to the national authorities. 62 It is hereby submitted that the right to liberty calls for a EU-specific interpretation.…”

Section: The Right To Liberty In Europe and Detention Conditionsmentioning

confidence: 99%

Storming the Bastille: Detention conditions, the right to liberty and the case for approximation in EU law

Mancano¹

2019

COLA

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In recent years, detention conditions in the EU have come in the spotlight as an issue of extreme relevance. Concerns about appalling standards of living in places of deprivation of liberty have emerged transversally in the area of freedom, security and justice (AFSJ). The risk that poor detention conditions result in inhumane or degrading treatment – prohibited by Article 4 of the EU Charter of Fundamental Rights (CFREU) – has served to limit the operation of secondary EU law. This has occurred in the framework of forced movement of persons as between Member States, and has mainly called into question the level of protection ensured in the State where the person will be transferred. This may hold true for both asylum law and mutual recognition in criminal matters. While the broader debate on detention conditions has hitherto focused on Article 4, the impact on the right to liberty under Article 6 CFREU has been underexplored. This paper submits that detention conditions must be studied from the perspective of the right to liberty, and makes the case for approximation of detention conditions at EU law level.

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Section: The Right To Liberty In Europe and Detention Conditionsmentioning

confidence: 99%