European Union and Deprivation of Liberty

Leandro Mancano is Senior Lecturer in European Union Law at the University of Edinburgh.

The European Union and Deprivation of Liberty is a must-read for academics and practitioners interested in EU fundamental rights and the rule of law. Its unique approach in drawing together different areas of EU regulation and illustrating commonalities acutely demonstrates the widespread and alarming nature of EU legislation providing for deprivations of liberty.

• I. The European Union and Deprivation of Liberty. The Importance of the Origins II. A Holistic Approach III. Plot and Main Characters PART IFREE MOVEMENT AND DEPRIVATION OF LIBERTY IN EU LAW1. Free Movement and Deprivation of Liberty. Paradigm, Genesis, Laboratory I. Free Movement and the Origins of Deprivation of Liberty in EU Law II. EU Law and Deprivation of Liberty. The Internal Market as a Laboratory III. Beyond the Internal Market. Free Movement as Trigger and Objective of Deprivation of Liberty in EU Law IV. Conclusions PART IISUBSTANTIVE EU CRIMINAL LAW2. Deprivation of Liberty and Substantive Criminal Law. Overview I. Introduction II. The Use of Imprisonment in EU Substantive Criminal Law. Reasons and Methods III. The Case Studies: Rationales and Criteria of Analysis IV. Deprivation of Liberty and Substantive EU Criminal Law. The Policy Context V. Deprivation of Liberty and Substantive EU Criminal Law. The Legal Framework VI. Conclusions 3. The PIF Directive I. Introduction II. The Directive III. EU Law Proportionality IV. Legal Certainty V. Criminal Law Proportionality VI. Conclusions 4. The Anti-Drug Trafficking Directive I. Introduction II. The Regulation III. The Directive IV. EU Law Proportionality V. Legal Certainty VI. Criminal Law Proportionality VII. Conclusions 5. The Market Abuse Directive I. Introduction II. The Regulation III. The Directive IV. EU Law Proportionality V. Legal Certainty VI. Criminal Law Proportionality VII. Conclusions Concluding Remarks on EU Substantive Criminal Law and Deprivation of Liberty PART IIIPROCEDURAL CRIMINAL LAW AND MUTUAL RECOGNITION6. EU Procedural Criminal and Mutual Recognition. Overview I. Introduction II. Mutual Recognition and Mutual Trust in EU Law III. The Right to Liberty in Europe IV. Conclusions 7. The European Arrest Warrant and the Procedural Rights Directives I. The European Arrest Warrant II. The Procedural Rights Directives III. Conclusions 8. Mutual Recognition of Custodial Penalties, Probation Measures and the European Supervision Order I. Introduction II. The FD on Transfer of Prisoners, Probation Measures and the ESO III. The Right to Liberty and Coercive Movement of Persons within the EU IV. Conclusions Concluding Remarks on Deprivation of Liberty in Mutual Recognition and EU Criminal Procedure PART IVASYLUM AND IMMIGRATION DETENTION9. Deprivation of Liberty in the Context of Immigration Control. Overview I. Introduction II. EU Law and Migration Issues III. The Right to Liberty in EU Asylum and Immigration Law 10. Asylum Law I. The EU Rules on Detention II. Immigration Detention in the Common European Asylum SystemIII. Deprivation of Liberty in EU Asylum Law and the Presumption of Mutual TrustIV. Grounds and Limits of Detention of Asylum-Seekers V. The Right to Liberty in EU Asylum Law. Adequate Level of Protection? VI. Conclusions on Deprivation of Liberty in EU Asylum Law 11. Irregular Migration I. Introduction II. Secondary Law III. The Right to Liberty of Irregular Migrants and the CJEU’s Interpretation IV. The Right to Liberty in EU Law and Immigration Detention V. Conclusions on Immigration Detention in EU Law Concluding Remarks on Asylum and Immigration Detention in EU Law PART VDEPRIVATION OF LIBERTY AND EU CITIZENSHIP12. Integration and Reintegration in the EU Civic Status of Detainees I. Introduction II. Integration and EU Citizenship III. Deprivation of Liberty and Reintegration in EU Law IV. Conclusions on Deprivation of Liberty and EU Citizenship