This project obtained a one-year extension of the funding initially granted for 2016-2018.

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 could 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). The research investigates what new challenges for the right to liberty exist in a cross-border situation regulated by these mutual recognition instruments, which would not exist in a domestic situation. Furthermore, it investigates whether harmonisation of detention conditions throughout Europe can be a partial solution to such challenges to the right to liberty.

Promoters

  • John Spencer and Nicky Padfield, 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.