Solidarity and Rule of Law: The New Dimension of EU Security

ISBN-13: 9783031292262 / Angielski

Teresa Russo; Anna Oriolo; Gaspare Dalia

Opis

This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States.

The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research.

Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperation

The contributions of eminent scholars, international experts, and practitioners are the book’s greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.

Spis treści

Introduction.- Part I EU Enlargement and Stabilization Process in the Light of the Rule of Law and Solidarity Principles.- Stabilization of the Western Balkans and the Impact of the Rule of Law on the Prosecution of War Crimes in Kosovo: Some Reflections on the Kosovo Specialist Chambers and Specialist Prosecutor’s Office.- EU Civilian CSDP Missions and the Consolidation of the Rule of Law in the Western Balkans.- The Security Implications of Enlargement on EU Fundamentals.- Part II Solidarity and Rule of Law in Cross-Border Security, Migration and Asylum Management.- The Commission Tries Again to Reform the Dublin System: Much Ado about Nothing?.- Migration and the Janus Faces of Solidarity and the Rule of Law. Brief Remarks in Light of Recent Italian Experience.- The Impact of the EU Principle of Solidarity and the Rule of law on Criminal Aspects of the Migrant Crisis in the Republic of North Macedonia.- Solidarity and the Externalization of EU Migration and Asylum Security: A Dual Concept?.- Part III Solidarity and Rule of Law in Criminal Justice and Human Rights.- Breaches of the Rule of law in the EU: What Implications for the Principle of Mutual Trust in the Area of Freedom, Security and Justice?.- A Look Behind the Legal Scene: Philosophical Stakeholder Responses to Fundamental Human Rights.- The Rule of Law, Transnational Crimes, and the Human-Rights Based Approach in the European Union: The Court of Justice as Ultimate Guardian of the ‘Good’ Laws.- Environmental Solidarity and the Rule of Law in the EU System: Some Explanatory Reflections on Climate Justice Case-Law.- Part IV Solidarity and Rule of Law in Police and Judicial Cooperation.- Building on Core Strengths: Lessons from Justice Sector Reform in Albania.- Mutual Recognition in EU Judicial Criminal Cooperation and Its ‘Conditional Application’ to the European Investigation Order (EIO) under ECJ Case Law.- Albanian Judicial Cooperation with the European Union: A Support of the Implementation of the Constitutional Reform to Ensure a Functioning Democracy.- Afterword. The New Dimension of EU Security in a Transnational Justice and Governance System.

O autorze

Prof. Teresa Russo, PhD, Associate Professor of EU Law; Lecturer of International Organization, EU Migration Law, International Law and Cyber Security; Leader of the 2019-2022 Jean Monnet Module "EU-Western Balkans Cooperation on Justice and Home Affairs" (EUWEB); Holder of the 2022-2025 Jean Monnet Chair “Promoting Public Awareness Enlargement, EU Values and Western Balkans’ Accession (EUVALWEB); Editor-in Chief of the online Journal “EUWEB Legal Essays: Global & International” Perspectives; Lawyer.

Prof. Anna Oriolo, PhD, Associate Professor of “International Law”; Lecturer of “European Union Law”, “International & European Criminal Law” and “Diplomatic and Consular Law”, Key Teacher of Jean Monnet Module “EU Western Balkans Cooperation on Justice and Home Affairs”, Director of the “International & European Criminal Law Observatory” (IECLO), University of the Salerno (Italy); Member of the Editorial Board of the “Journal of International Criminal Law” (JICL); Lawyer.

Prof. Gaspare Dalia, PhD, Researcher of Criminal Procedure; Lecturer of Comparative Criminal Procedural Law; Professor of Criminal Procedural Law and Deontology at the School of Specialization for Legal Professions at the Department of Legal Sciences (School of Law), University of Salerno; Criminal lawyer.