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14 - The Right to Liberty and Security in EU Criminal Law
from Part IV - Judicial Cooperation in Criminal Matters and Police Cooperation
- By Leandro Mancano
Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
Book:

Fundamental Rights in the EU Area of Freedom, Security and Justice

Published online:

06 August 2021

Print publication:

29 July 2021, pp 272-288
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Summary

The application of mutual recognition to judicial cooperation in criminal matters within the EU has created significant challenges for the right to liberty. While the European arrest warrant was initially the prinicipal subject in the debate, discussions on the impact of EU criminal law on the right to liberty have now significantly broadened in scope. The present chapter reflects this development and addresses the role of the right to liberty in three scenarios: EU measures triggering cases of continued detention through mutual recognition; EU measures safeguarding the right to liberty; and EU measures facilitating alternatives to detention. The chapter argues that, while progress has undoubtedly been made, much still needs to be done to adequately protect the liberty of persons in criminal proceedings and judicial cooperation procedures.