Shaping a Genuine Area of Freedom, Security and Justice

Koen Lenaerts is President of the Court of Justice, Luxembourg. Eugene Regan is a Judge at the Court of Justice, Luxembourg, and President of the Fifth Chamber. Ulla Neergaard is Professor of EU Law at the University of Copenhagen, Denmark. Karsten Engsig Sørensen is Professor at the Department of Law, Aarhus University, Denmark.

• Foreword Preface Vice-President Bay Larsen: Biography and Career Personalia PART I: THE AREA OF FREEDOM, SECURITY AND JUSTICE FRAMEWORK1. The Concept of Public Policy in the Area of Freedom, Security and Justice, Koen Lenaerts2. Judicial Cooperation in Criminal Matters: Two Sides of Institutional Evolution, Eugene Regan3. Mutual Trust in Judicial Cooperation in Criminal Matters, Küllike Jürimäe4. Defining a Notion of Judicial Authority in the Context of the Area of Freedom, Security and Justice, Irmantas Jarukaitis5. The Case Law on Effective Remedy under the Dublin III Regulation: The Gradual Construction of a Fragile Mosaic, Jesper Svenningsen and Yann Laurans6. Judicial Review of Acts of the European Public Prosecutor’s Office: The Limits of Effective Judicial Protection of European Prosecution, Katelin Ligeti7. A Laboratory of Constitutional Development: Domestic Differentiation and the Effective Application of EU Law in the Area of Freedom, Security and Justice, Theodore Konstadinides, Antoine Masson and Julien Sterck8. Opt-Outs in the Area of Freedom, Security and Justice: The Danish Example, Christian ThorningPART II: THE DRIVING PRINCIPLES OF THE AREA OF FREEDOM, SECURITY AND JUSTICE9. The Fight against Impunity in the Case Law of the European Court of Justice, Constantinos Lycourgos10. Article 6 of the Charter in the Area of Freedom, Security and Justice: On Some Aspects of the EU Case Law on the Fundamental Right to Liberty and Security, Dimitrios Gratsias11. The Principle of Democracy in EU Law, Ineta Ziemele12. The Principle of Solidarity and the Area of Freedom, Security and Justice, Ulla Neergaard13. Ne Bis in Idem and EU Law: A Critical View of Recent Judgments, Steve Peers14. Reflections on a Structural Element of EU Law on Migration: The Principle of Non-Refoulement in Light of the European Court of Justice’s Case Law, Yann Laurans and Chiara Maria Ricci15. Subsidiary Protection in EU Law: Some Reflections on its Specific Features, Tatiana Cassagnabère and Anna GrassoPART III: THE DYNAMICS AT WORK IN THE AREA OF FREEDOM, SECURITY AND JUSTICE16. The Transfer of Asylum Seekers to Non-EU ‘Safe’ Countries under Scrutiny from the European Court of Justice, Jan Passer and Pierre Schmitt17. Schengen and Internal Border Control, Karsten Engsig Sørensen18. EU Citizenship and Nationality – A Question of Competence, Henrik Saugmandsgaard Øe and Philip Rennemo-Henriksen19. The Interaction between Directive 2003/86 and the Charter of Fundamental Rights of the European Union in the Family Reunification of a Third-Country National, Lucia Serena Rossi20. ‘Tra il dire e il fare c’è di mezzo il mare’: Harmonisation of Victims’ Rights in EU Criminal Law, Adam Lazowski21. Cross-Border Exchange of Evidence from the European Investigation Order to the European Production Order: A Game of Two Halves for the Protection of Fundamental Rights in Europe’s Area of Criminal Justice?, Valsamis Mitsilegas22. Data Protection in the Area of Freedom, Security and Justice, Peter George Xuereb and Bucura C Mihaescu-Evans23. Extradition from the EU: Gimme Shelter!, Christopher Vajda24. You Can’t Always Get What You Want (But You’ll Get What You Need): Deconstructing Alleged Paradoxes in the Case Law on the Interface of Arbitration and the EU Legal Order, Marek SafjanPART IV: THE IMPACT OF THE AREA OF FREEDOM, SECURITY AND JUSTICE25. Free Movement of Persons in EU and EEA Law: An Illustration, Per Christiansen26. Absent Prosecution Witnesses and Active Participation at Trial: The European Court of Justice Shapes European Fairness on Criminal Justice, Silvia Allegrezza27. The Contribution of the European Court of Justice to the Definition of Refugee in International Law, Hugo Storey28. Reciprocal Influences between the European Court of Justice and the European Court of Human Rights in Asylum Matters: ‘Un Quatrain Juridique’?, Ledi Bianku29. The External Dimension of the Area of Freedom, Security and Justice: Member States’ Cooperation with External Partners within and at the Margins of EU Law, Chloé BrièreIndex

The book succeeds in both honoring the work of Lars Bay Larsen and offering an assessment of legislative and judicial developments in the Area of Freedom, Security and Justice. It will be of interest to lawyers, judges, and academics seeking a deeper understanding of the key concepts, principles, and dynamics shaping the AFSJ