In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
This interdisciplinary volume critically explores how the ever-increasing use of automated systems is changing policing, criminal justice systems, and military operations at the national and international level. The book examines the ways in which automated systems are beneficial to society, while addressing the risks they represent for human rights. This book starts with a historical overview of how different types of knowledge have transformed crime control and the security domain, comparing those epistemological shifts with the current shift caused by knowledge produced with high-tech information technology tools such as big data analytics, machine learning, and artificial intelligence. The first part explores the use of automated systems, such as predictive policing and platform policing, in law enforcement. The second part analyzes the use of automated systems, such as algorithms used in sentencing and parole decisions, in courts of law. The third part examines the use and misuse of automated systems for surveillance and social control. The fourth part discusses the use of lethal (semi)autonomous weapons systems in armed conflicts. An essential read for researchers, politicians, and advocates interested in the use and potential misuse of automated systems in crime control, this diverse volume draws expertise from such fields as criminology, law, sociology, philosophy, and anthropology.
What impact has the evolution and proliferation of surveillance in the digital age had on fundamental rights? This important collection offers a critical assessment from a European, transatlantic and global perspective. It tracks four key dimensions: digitalisation, privatisation, de-politicisation/de-legalisation and globalisation. It sets out the legal and policy demands that recourse to 'the digital' has imposed. Exploring the question across key sectors, it looks at privatisation through the prism of those demands on the private sector to co-operate with the state's security needs. It goes on to assess de-politicisation and de-legalisation, reflecting the fact that surveillance is often conducted in secret. Finally, it looks at applicable law in a globalised digital world. The book, with its exploration of cutting-edge issues, makes a significant contribution to our understanding of privacy in this new digital landscape.
This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.
The Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States. The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED. This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.
Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.
This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).
