European Papers (Apr 2021)
The Use of the Charter and Pre-trial Detention in EU Law: Constraints and Possibilities for Better Protection of the Right to Liberty
Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 125-139 | European Forum Insight of 22 April 2021 | (Table of Contents) I. Introduction. - II. Defining deprivation of liberty in EU law. - III. The right to liberty and pre-trial detention in purely internal situations. - III.1. Measures of secondary EU law expression of the right to liberty. - III.2. Secondary EU law, the Charter and the indirect link with national provisions. - IV. The right to liberty and pre-trial detention in cross-border scenarios. - IV.1. General principles on the right to liberty and EAW procedures. - IV.2. The use of the Charter to oppose execution. - V. Conclusions. | (Abstract) As EU criminal law has expanded over the years, so have the opportunities for the application of relevant provisions of the EU Charter of Fundamental Rights. The present Insight analyses the situations where the right to liberty has become relevant to pre-trial detention in areas covered by EU rules. It critically discusses the gaps of protection existing in the current legal framework, and puts forward practical solutions to achieve better protection of the right to liberty.
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