The European Union and Deprivation of Liberty - A Legislative and Judicial Analysis from the Perspective of the Individual
MANCANO Leandro
Product details
- Categories: Justice, Liberty & Cititzenship, Justice and Home Affairs
- Publisher: HART PUBLISHING
- Collection: Hart Studies in European Criminal Law
- ISBN: 9781509908080
- Publication Date: 02/05/2019
- Binding: Paperback
- Number of pages: 272
Summary
The European Union and Deprivation of Liberty examines the EU
legislative and judicial approach to deprivation of liberty from the
perspective of the following fundamental rights and principles: the
principle of legality and proportionality of penalties; the right to
liberty; and the principle that criminal penalties must aim for the
social reintegration of the offenders. The book measures the relevant EU
law against those rights; this constitutes the very core of the
relationship between public powers and individual liberty. The analysis
shows that the ultimate goal of the Union is the creation and
preservation of the EU as a borderless area. The holistic approach
adopted in the book explains how different legal phenomena connected to
deprivation of liberty have come into being in EU law. It also shows
that those phenomena call for solutions suitable for the peculiarities
of the EU legal order.