Francesca Ferraro : Freedom and security in the European Union between modern age and globalisation (Italian).Italian)

In the European Area of Freedom Security and Justice (EAFSJ) national legal orders are interconnected, freedom of movement is granted and the same citizenship is shared; moreover individual freedoms and public security are constantly managed as it happens in every legal order of constitutional nature. Preserving the right balance between Freedom and Security is a key element of the modern State and of the european democracy. Moreover even the traditional bond between a citizen and the State territory is progressively weackened by the freedom of movement without checks at the internal borders of the EAFSJ.  Thanks to the Court of justice jurisprudence the European Citizenship is strenghtened and could become the founding element of an european civil space.

However, to understand the current evolution of the EAFSJ it is essential to re-discover its historical and philosophical roots which dates back to the enlightment and to the cosmopolitan theory firstly described by Immanuel Kant at the end of the XVIII century. At that time the tension between the State territorial sovereignity and the cosmopolitan perspective was already evident. Since then,  it has remained a central element of the legal debates in Germany and Italy until the end of the second world war when the european construction has been prepared. Not surprisingly even after the creation of the European Communities strong nationalist tensions survived in the EU construction and slowed down the creation of an EAFSJ . After the Lisbon treaty, without prejudice of the decision which will be taken by individual countries such as UK and IRL, the ordinary legislative regime and a common legal space will be applicable for all the other EU member States.

Unlike the internal market which required the abolition of the national internal borders the creation of the EAFSJ will result from the common endeavour of Member States and European institutions intertwining the national and the european legal orders. The coexistence  in the EAFSJ of european and national legislature will strenghten the protection of fundamental rights and avoid the risk that national policies could hinder the essential values of the EU.

Libertà e sicurezza nell’Unione europea tra età moderna e globalizzazione

Author : Francesca FERRARO / Editor : Pisa University Press / Pages: 200 / Pub. 2012 / ISBN :9788867410033 / Euro 14.00 SEE here

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Pietro Milazzo :Italian Constitutional framework and european police cooperation (Italian)

Police cooperation unlike Judicial cooperation is a difficult subject for academic studies. If judiciary activity is clearly framed by laws and constitutional principles, police activity take place in grey areas and times when crimes have not yet been committed and could still be prevented. Preventive actions already difficult at State level become even more difficult when facing transnational crimes which has grown in the last century together with the globalization process. This book examines with great details and knowledge how international cooperation in this domain is taking shape.

The activity and organisation of Interpol, of the Council of Europe, as well as of the G8 and of informal fora such as the TAFT are scrutinised by higliting their legal and operational strenghts and weaknesses. The main subject of the study is however the evolution of police cooperation between the EU Member States which started with the TREVI group and the Schengen cooperation and which has been progressively embodied in the EU framework with the Maastricht, Amsterdam, Nice and Lisbon Treaty’s amendments.

Attention is payed not only to the operational cooperation and to the role of Agencies such as Europol Eurojust and Frontex but also to the EU constitutional constraints deriving from the principle of subsidiarity and proportionnality as well as from the Charter of fundamental rights and protection of personal data in a democratic society.

Needless to say that Pietro Milazzo describes this new emerging European policy highlighting in each chapter the corresponding Italian institutes practices and norms.

EDC

Quadro costituzionale italiano e cooperazione europea di polizia. Elementi istituzionali e ricostruttivi per un bilanciamento complesso

Autore Milazzo Pietro

Prezzo Euro 23.00 /ISBN 978-88-6342-434-8 / Numero Pagine XIV-414 / Anno Pubblicazione 2012

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