The Fight Against Terror and the Space of Individual Freedom: A (Classic) Word of Caution

Michal Bobek 

College of Europe; University of Oxford, Institute of European and Comparative Law
December 23, 2013

Forthcoming in: Inge Govaere and Sara Poli (eds.), EU Governance of Global Emergencies (Brill Publishers, 2014 Forthcoming) 
Abstract:      

This contribution focuses on the impact which the declared aim of the ‘fight against terror’ and legislative measures adopted on its basis have had on the state and the ‘quality’ of the EU legal order internally. It takes two significant examples of legislative measures, which have been adopted in recent years with the explicit ‘fight against terror’ rhetoric and justification: regulation(s) on airport and aviation security and the Data Retention Directive. Critically examining the operation of both of these instruments, it is suggested that the considerable inroads into individual freedom which both of these measures have required can hardly be justified by their appropriateness or their necessity. Furthermore, taking into account the historical sensibilities with regard to such measures in a number of post-dictatorial states and societies in Europe, it is suggested that such measures should not only be carefully and duly weighed up in the legislative process. Such measures and above all their actual application after their adoption must be made subject to critical scrutiny by the Court of Justice of the EU.

Number of Pages in PDF File: 10

Keywords: fight against terror; data retention; secret surveillance; airport security; secret legislation; judicial scrutiny; Court of Justice

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2371244