This book talk is hosted by the Institute for the Study of European Laws (ISEL) will discuss Dr Ermioni Xanthopoulou’s recent monograph with Hart Publishing under the Modern Studies in European Law, entitled Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice – A Role for Proportionality?
We will hear from the author herself, an expert discussant and then open to the floor for Q&As.
Welcome: Dr Adrienne Yong, Senior Lecturer in Law at The City Law School on behalf of the Institute for the Study of European Laws
Chair: Dr Tawhida Ahmed, Reader in Law at The City Law School
Speaker: Dr Ermioni Xanthopoulou, Senior Lecturer in Law at Brunel University London
Discussant: Dr Irene Wieczorek, Assistant Professor in EU Law at Durham University
Discussant: Dr Lilian Tsourdi, Assistant Professor in International and European Law at University of Maastricht
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality.
Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights.
After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment.
It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels.
The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.
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