EU Security Governance and Financial Crimes

Cybersecurity en cybergovernanceSecurity and Global Affair

The Concepts of Non-Domination and Justification in EU security-related context

This chapter explores the implications of a non-domination oriented view for understanding EU security regulation. It asks how the non-domination template fits the constitutional legal model, and what it adds for the understanding of the establishment of an ‘Area of Freedom, Security and Justice’ in the specific case of the European Union. The concept of non-domination is commonly seen as one of the most central concepts in republican theory. Therefore, this chapter looks at the relationship between coercion, which is the common term in legal vocabulary for describing force, and the concept of domination in political theory as such. It also discusses the implications of non-arbitrariness and the right to justification in a new security-related context. Specifically, this chapter links the question of security regulation to the longstanding debate in political theory on the connection between freedom and non-domination and to the constitutional debate on the formation of security regulation in Europe

Restrictive Measures (Sanctions) adopted by the EU from the Standpoint of International and EU Law

Restrictive measures remain one of the most important yet controversial elements of the foreign policy of the European Union. This article discusses the procedural and substantive aspects of the adoption and implementation of these measures within the European Union while paying particular attention to the important changes introduced by the Lisbon Treaty. These changes include Articles 215 and 275 TFEU, providing, respectively, an express legal basis for and for judicial review of restrictive measures against individuals or legal persons. Keeping in mind the Kadi case, it also examines the co-ordination and interaction of the activities of the United Nations, the European Union and their respective members. After stressing the divide between international legal order and European law, it examines the conflicts of obligations that the Member States of the European Union may face and the options open to them