The thesis deals with the history of terrorism and counter-terrorism legislation, focussing on the legislation in the UK, Spain, Germany and France, in the last 30 years, and analysing its... Show moreThe thesis deals with the history of terrorism and counter-terrorism legislation, focussing on the legislation in the UK, Spain, Germany and France, in the last 30 years, and analysing its compatibility with national and European human rights standards. Show less
Enhanced cooperation in police and judicial matters within the EU gives rise to instances in which several Member States are liable to prosecute the same subject in respect of the same act. Within... Show moreEnhanced cooperation in police and judicial matters within the EU gives rise to instances in which several Member States are liable to prosecute the same subject in respect of the same act. Within the common judicial area that is developing in the EU, a uniform ‘European’ ne bis in idem rule is a necessary instrument for the regulation of transnational justice. However, several differently worded ne bis in idem provisions are found in a number of instruments which exist within the framework of the Council of Europe or within that of the EU. The differences between these provisions could lead to confusion and conflict, potentially jeopardizing the uniform application of the ne bis in idem principle in EU law. The purpose of this study is to further clarify the substance, scope and interpretation of ne bis in idem as a single, autonomous principle within the legal order of the EU, by way of a conceptual and jurisprudential analysis. Particular attention is given to those areas of Community and EU law in which the application of the ne bis in idem principle is of particular relevance: the law of the Third Pillar of the EU and EC competition law. Show less
Every year, millions of people are seeking protection from countries other than their own for fear of being tortured, persecuted or killed. Finding protection is not easy. States are closely... Show moreEvery year, millions of people are seeking protection from countries other than their own for fear of being tortured, persecuted or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek and enjoy protection from serious harm. No matter where they are or why they flee, people seeking international protection are vulnerable and insecure; in dire need of knowing, understanding and receiving their rights. This book explores the basic right of every forcibly displaced person to be protected from refoulement. The prohibition of refoulement is the cornerstone of international refugee and asylum law and aims to provide protection to people at risk of persecution, torture, inhuman treatment or other human rights violations upon return to their own country. This book provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties: the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture. The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the responsibilities of States deriving from these prohibitions. The four treaties are analysed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book will be an important resource for legal scholars, students and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States, which have obliged themselves to protect people from becoming victims of unspeakable atrocities. Show less
