Challenge Publications

This section's articles

• Desafio(s) 7- GÉNERO Y DOMINACIÓN. CRÍTICAS FEMINISTAS DEL DERECHO Y EL PODER

  28 April 2009, by Encarna Bodelón, Gemma Nicolás
  the contents of the present number of the review state the aspect that highlights the historical unequal relation between men and women through the legal domination tools. It refers to what strictly speaking (despite there are some controversies) is called in the specific language of feminism as «gender relations »

• Desafio(s) 6- Jovenes y adultos- El dificil vinculo social

  27 April 2009, by Observatorio del sistema Penal y los Derechos Humanos
  The difficult «social bond» to which this edition is dedicated, takes particular connotations in the context of the freedom and security framework, another two categories of post-modern culture nowadays seriously threatened. However, taking into account the possibility of risking that the relationship between children and young, with the adults could be considered as one of the «emergency situation» to which will correspond exceptional reactions, we must emphasize how necessary it is to keep in mind the structural conditions within which the social bound manifests...

• Desafio(s) 5- Poder académico y educación legal

  27 April 2009, by Observatorio del sistema Penal y los Derechos Humanos
  when referring to the «academic power» we are also trying to highlight a particular kind of power. It is a power that is not circumscribed by the institution in which it is exercised (the university), although if she is the origin, determines it and legitimates it.

• A Model ‘Prêt-à-Exporter’? The 2008 German–US Agreement on Data Exchange

  23 March 2009, by Bellanova Rocco
  A growing number of security policies are based on access to and exchange of personal data, frequently with an international scope. While transatlantic measures generally include the EU as a single actor, the last two years have seen a proliferation of bilateral agreements between the US and individual EU member states. These agreements usually seek to extend abroad a range of specific, internal security measures.

• The Italian (In)Security Package: Security vs. Rule of Law and Fundamental Rights in the EU

  23 March 2009, by Merlino Massimo
  The 2008 Italian security package has triggered various concerns and criticism in Italy and across Europe. This working paper aims at analysing the nature, scope and implications of some of the legislative measures and practices constituting the package. In particular, it is argued that they are incompatible with the relevant provisions and principles of EU law – namely non-discrimination and free movement of persons – as well as international human rights standards.

• The Changing Dynamics of Security in an Enlarged European Union

  27 October 2008, by Balzacq Thierry, Carrera Sergio , Guild Elspeth
  The relation between liberty and security has been highly contestable over the past 10 years in the EU integration process. With the expansion of the EU’s powers into domains falling within the scope of the Area of Freedom, Security and Justice, liberty and its relation to security has brought a new range of issues, struggles and debates. Acts of political violence labelled as ‘terrorism’ and human mobility at the European and international levels have justified the construction of these phenomena as threats to the security and safety of the nation state. They have legitimised the development of normative responses that go beyond traditional configurations and raise fundamental dilemmas for the security and liberty of the individual.

• Reinforcing the Surveillance of EU Borders: The Future Development of FRONTEX and EUROSUR

  26 August 2008, by Jeandesboz Julien
  This paper assesses the implications of the European Commission Communications on the evaluation and future development of FRONTEX (European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union) and the establishment of EUROSUR (European border surveillance system). It emphasises that the evaluation of the activities conducted by the EU’s external borders agency over the period 2006–07 fails to address the impact of such undertakings on fundamental rights and freedoms, solely focusing on technical issues and overall efficiency.

• The Institutional Architecture of CFSP after the Lisbon Treaty: Constitutional breakthrough or challenges ahead?

  30 June 2008, by Bopp Franziska, Wessels Wolfgang
  This paper analyses the impact of the Lisbon Treaty on the institutional architecture of CFSP and the overall external action of the Union. The Lisbon Treaty has introduced some remarkable changes which might substantially influence the (inter-)institutional balance in this policy field. The authors offer two different possible readings of the CFSP provisions of the Lisbon Treaty: they could be interpreted as a major step forward in the direction of a strengthened, more coherent and more effective international actor with more supranational elements; but they may also be seen as demonstrating an ever-refined mode of ‘rationalised intergovernmentalism’.

• Security versus Justice? Police and Judicial Cooperation in the European Union

  4 June 2008, by Geyer Florian , Guild Elspeth
  One of the most dynamic areas of recent EU law has been cooperation in the fields of policing and criminal justice. This book enables readers to understand the changes that have taken place by examining how and why they occurred, along with the subsequent outcomes.

• Taking Stock: Databases and Systems of Information Exchange in the Area of Freedom, Security and Justice

  19 May 2008, by Geyer Florian
  Exchange of information in the Area of Freedom, Security and Justice, using new technologies like biometric identifiers and creating large-scale centralised EU databases is a highly topical, yet equally controversial issue. A number of EU databases and systems of information exchange are already in place, others will soon become operational. In spite of this, proposals for new measures and mechanisms are frequently tabled; it appears as if the EU is only at the beginning of a ‘new age of information exchange’.

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