Lupta împotriva terorismului în contextul internațional: fond și reguli procedurale. Studii de caz
Fight against terrorism in the national context: substance and procedural rules. Case studies

Author(s): George Gabriel Nistorescu
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, International Law, Civil Society, Governance, Public Law, Security and defense, Penal Policy, EU-Legislation, Peace and Conflict Studies, Court case, Labour and Social Security Law
Published by: Editura Universitară
Keywords: terrorism; judicial cooperation; legislation; criminal law; constitution; procedures;
Summary/Abstract: The terrorist attacks of 11 September 2001 on the United States and generated a significant increase in legislation on the fight against terrorism at national and European level. Given the seriousness of these offences, judicial cooperation between States is indispensable. In this context, both substantial and procedural instruments are taken into account to provide the necessary measures to prevent and combat terrorism. These include the European Arrest Warrant within the European Union. However, there are two major risks associated with this supposed fight against terrorism. These include the European Arrest Warrant within the European Union. However, there are two major risks associated with this supposed fight against terrorism. The first risk is the creation of a so-called „criminal security law” that could undermine the legal safeguards and fundamental rights of individuals. The second risk is the questionable violation of human rights by some of these procedural measures. In the field of judicial cooperation in criminal matters, judicial cooperation between Member States focuses mainly on the nature and characteristics of terrorism, an offence that does not respect territorial boundaries at all. The „criminal security law”, in the context of the war in Ukraine, has become, more than ever, a subject of great topicality.We will examine the provisions proposed by the draft EU Constitution on the material and procedural instruments used in the fight against terrorism in the field of judicial cooperation in criminal matters. In this context, we believe that it is crucial to adopt alternative instruments that protect citizens' civil liberties and human rights. Only in this way will fair and equitable judicial cooperation between the various Member States be possible.

• Details
• Contents