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EU Counter-terrorism Law: What Kind of Exemplar of Transnational Law?

Research output: Working paperWorking paper and Preprints

Original languageEnglish
Publisher or commissioning bodyCambridge Yearbook of European Legal Studies
Volume21
DOIs
DateSubmitted - 2019
DateAccepted/In press - 6 Jun 2019
DateE-pub ahead of print (current) - 22 Aug 2019

Abstract

This article examines counter-terrorism efforts in the EU as it matures as a field of law. It sets out three critiques of EU counter-terrorism law: that of ineffectiveness, of anti-constitutionalism, and of contrariness to human rights and the rule of law. It considers these critiques in light of the development of policies and legal initiatives – against foreign terrorist fighters and against radicalisation. It concludes that there are both persistent problems, and some improvements, in the law. The EU’s capacity to meet the challenges posed by terrorism and the counter-terrorism imperative, and how it does so, has global impact. The article concludes with an argument for better law-making in the EU to ensure it serves as a better exemplar of transnational law.

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