Presentation
This project raises the following research question: what is the impact of mutual recognition (MR) on the right to liberty in European Union (EU) law? The main hypothesis is that MR instruments involving deprivation of liberty result in the need of rethinking the current content of the right to liberty in Union law. The research focuses on the interaction between the right to liberty and the Framework Decisions (FDs) on: the European Arrest Warrant; the transfer of prisoners; the probation measures; and the European Supervision Order (ESO).
Two levels of analysis are outlined: EU law, and in particular the relevant fundamental rights provisions, the four FDs and the case-law of the CJEU; and national law, namely the United Kingdom’s and Belgium’s systems. The research will show whether: the current content of the right to liberty in EU law is suitable for mutual recognition; an alternative EU notion of the right to liberty must be envisaged.
Promoters
- John Spencer, Faculty of Law, University of Cambridge
- Anne Weyembergh, Institute for European Studies, ULB
Thanks to the Foundation’s support, Dr Irene Wieczorek has been hired at the University of Cambridge to work on this project.