Security And European Human Rights

The primary aim of this study as a whole is to examine how useful a safeguard the Convention is, and can be, in the sensitive area of national security law and practice. The first part of the book consists of an examination of the national security concept generally in the Convention and the context of national security concerns in European states. The second part of the book is devoted to detailed studies of secret surveillance and security data registers, both of the court and commission's case law and of national laws in the field. The third part of the book consists of an article-by-article analysis of the case law of the commission and the court dealing with national security. The book is of interest to academics, practising lawyers and legislators interested in human rights and national security issues.

From the viewpoint of migration and asylum policy and the fight against terrorism, justice and home affairs is a key policy area. It is also an area that raises important challenges and questions with regard to the preservation of fundamental freedoms. This engaging volume examines the emerging European Union area of freedom, security and justice at a time when key policy priorities are taking shape within the EU. Bringing together contributors from different backgrounds, the volume is ideal for students and scholars of European studies, law, political science, political theory and sociology.

Persons of unsound mind

Inquiries into the relationship between security and human rights are of very recent vintage. They have long been hampered by political scientists' predilection for political "realism." From that perspective, there seemed little doubt that power comes first and any human rights but a poor second. As wishful thinking turned into reality during the Eastern European revolutions of 1989, the limitations of such shortsighted realism became apparent. This book examines the causes and consequences of the emerging new relationship between security and human rights. It is divided into two parts, which deal respectively with security and human rights and their relationship to states and societies. What is the theoretical linkage between security and human rights? How has this linkage evolved within the context of East-West relations? What was the particular role of the Helsinki process in shaping this evolution? How do these issues affect the difficult transition from dictatorship to pluralism in countries facing the challenge of ethnic, economic, and social dislocation? The contributors to this volume seek to deepen our understanding of the forces that brought about the collapse of communism in Europe, and they explore the broader implications of change for the emerging post-cold war international order.

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

How does democratic security interact with democracy, human rights and the rule of law? How can the Council of Europe help its member states guarantee security for citizens through their commitment to democratic norms? The European continent is facing today a democratic crisis and fresh impetus is required to enhance democratic security. As the most comprehensive pan-European organisation, the Council of Europe is uniquely placed to play a substantial role in this regard, thanks both to its specific mandate and its vast expertise in the field. In partnership with the Strasbourg-based National School of Administration (ENA) the Council of Europe organised a series of debates providing an intellectual framework to examine the challenges facing democratic security. Eminent personalities from politics, civil society and the academic world shared their views, and their contributions are collected in this publication.

This book offers an insight into the historical, institutional and topical development of the EU policy in the areas of justice, home affairs and security, well-embedded in a broader international context. The main part of the book, dedicated to the EU, is therefore preceded by a part on relevant cooperation on the Benelux and Schengen levels and followed by a part on cooperation in the areas concerned on Council of Europe, NATO, OSCE, G8, OECD and UN levels. Without a proper understanding of those cooperation levels, the development and functioning of the EU would be hard to fully grasp. Before addressing the actual policy dimension, all parts start with a historical introduction and a sketch of institutional structures and functioning. For students and professionals in criminology, law and political science, and every one interested in European and international criminal policy making this book will prove relevant or insightful.