WP 9 : Exceptionalism and its impact on the Euro-Mediterranean relations

This section's articles

• Analysis of terrorist legislation, evolution and practices of penal agencies

  28 April 2009, by Aranda Mónica, Rivera Iñaki
  The Spanish concept of terrorism has evolved in a quite particular meaning. The identification of ETA (Basque Liberation Army) as the internal enemy has concentrated the use of every antiterrorist law and criminal justice agencies addressed to call a halt its activities. A number of criminal and procedural rules, police and prison regulations have been modified in Spain by following the antiterrorist philosophy.

• A right-based approach to migration policies in a context of emergencies: ’Expelling States’ and semi-persons in the European Union

  28 April 2009, by Fernández Bessa Cristina, Manavella Alejandra, Silveira Gorski Héctor C.
  The European socio-political climate and its repercussions on person’s rights and liberties trigger multiple challenges. The widening process of the European Union (EU), the hardening of legislation on immigration and terrorism, and the new practices of police and security services make the basic principles and values on which consolidated European democracies lay tilt.

• Report on the situation on the Euro-Mediterranean borders

  27 April 2009, by Ceriani Pablo, Fernández Bessa Cristina, Manavella Alejandra, Picco Valeria, Rodeiro Luis
  Euro-Mediterranean borders are internationally known, especially in Europe, for the causalities and the violation of Human Rights of migrant people trying to reach the European shores of Andalusia, Sicilia, Lampedusa, the Spanish cities of Ceuta and Melilla and later the shores of the Canary Islands. The management of migrations is a key topic of the contemporary national and European polices, mainly for the Euro-Mediterranean countries.

• The effects of exceptional legislation on criminalization of immigrants and people suspected of terrorism

  27 April 2009, by Fernández Bessa Cristina, Manavella Alejandra, Ortuño Jose Maria
  On the current global context of war against terrorism, the traditional liberties and guarantees of the Rule of Law, are not been respected for all people. This is the case of immigrants for example, as they are considered potential dangerous people. The measures to regulate immigration and the measures to fight against terrorism are dangerously being confused, causing terrible consequences for some people.

• Deprivation of Liberty and Human Rights in Spain

  27 April 2009, by Cano Francisca, Fernández Bessa Cristina, Manavella Alejandra, Ortuño Jose Maria, Rivera Iñaki
  The Spanish State figures at international reports as one of the countries where torture persist, resulting in recommendations to eradicate or, at least, to minimize this practice. As such, the international organizations responsible for the protection of human rights denounce the lack of political will on the part of the Spanish Authorities (statutory, regional and local) to eradicate torture.

• The last peace process in the basque country: 14 months of hope

  6 October 2008, by Forero Alejandro, Rivera Iñaki, Rodríguez Fernandez Gabriela, Ubasart Gemma
  The present work shows the genesis and development of the last peace process that took place in the Basque Country from March, 2007, in the frame of antiterrorist excepcionalism. The paper focus on the origins of the Basque conflict - outlining the history of the movement ETA- and in the influence that both the diverse actors and a part of the Spanish written press (the newspapers El País, El Mundo and Gara) have had in the development of the events.

• Punitive management of urban space

  6 octobre 2008, par Acosta Maria, Cals Marta , Fernández Bessa Cristina, Masso (di) Andrés, Puig Marta, Roig Aura
  The reaction of several municipal authorities to the fear of crime, anti-social behaviour and the resulting City-dwellers’ intolerance is to produce legal instruments to deal with « incivilities » and to promote peaceful coexistence in the city. In the case of Barcelona, this instrument is the so called « Good Citizen’s Charter of Barcelona », which came into effect on 15th January, 2006. After one year of enforcement we have evaluated the consequences of the implementation of this by-law.

• Report of International Conference Exceptionalism and Human Rights

  27 February 2007, by Observatorio del sistema Penal y los Derechos Humanos
  The main objective of the Conference was to analyze, inform and discuss with the scientific community, students and society, some specific subjects related with the current problems caused by the relationship between liberty and security, specially the links between exceptionalism and globalization, migration, antiterrorism, deprivation of liberty, torture, etc…

• «On Regulations against Incivilities»

  29 May 2006, by University of Barcelona
  A number of recent criminologies have given particular influence to the control of urban disturbances, in Europe and in all Western big cities. Barcelona is a particular case of it, trough a municipal bylaw which came into effect on last January. This by law is responsible to introduce exceptionalist practices as a way to react against incivilities as emergencies.

• The War on Terror. The Spanish Case

  24 May 2006, by Fernández Bessa Cristina, Ortuño Aix José María
  The terrorist attacks in Madrid M-11 did not demand the production of fresh exceptional laws, since a whole exceptionalist framework was already designed and well developed to face the activities of armed groups, and particularly those of the Basque independentist ETA. We approach to Spanish exceptionalism from the view of the legal perspecetive called Criminal Law of the Enemy (also called Criminal Law of Police) developed by German legal scholar, G. Jakobs. The antiterrorist policies implemented after Madrid bombings have fitted well that legal perspective and have meant a wider criminalization of Muslim migrants and in general the view society have of Islam.

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