European counter terrorism measures : human rights concerns

Abstract

This thesis will analyze specific legislation adopted by the European Union based on the Framework Decision 2002/475/JHA on combatting terrorism. It will analyze the legislation adopted for loopholes, or lack of human rights protection and will offer recommendations that might alleviate the incompatibilities with human rights legislation. The first chapter deals with the Data Retention Legislation. It will analyze the case brought about by Ireland and then analyze the impact it has on the rights guaranteed by Article 8 ECHR by looking at the proportionality of the proposal, its necessity in a democratic society and whether it respects or not the subsidiarity principle. Chapter 2 deals with the PNR sharing agreements concluded by the EU. It analyses in depth the one concluded with the USA and criticizes the one sidedness of the agreement. The author also puts forward some proposals to make the agreement more balanced. The third and final chapter deals with the criminal law aspect of counter terrorism legislation – the European arrest warrant. The author analyzes the shortcomings in the protection of individual rights and the lack of proportionality in the everyday use of such instrument where instead of being used to combat serious crimes, it is being used in an absurd way and uselessly disrupting the life of European citizens.