Description: The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
Brief description: Leandro Mancano is Senior Lecturer in European Union Law at the University of Edinburgh Law School.
Review Quotes:
"The European Union and Deprivation of Liberty is a must-read for academics and practitioners interested in EU fundamental rights and the rule of law. Its unique approach in drawing together different areas of EU regulation and illustrating commonalities acutely demonstrates the widespread and alarming nature of EU legislation providing for deprivations of liberty." --Justine N Stefanelli, European Journal of Migration and Law
"Mancano has certainly written a thought-provoking book on a complicated field of law. He has managed to discuss many relevant and topical issues in a clear and compelling way, and, while not hiding his viewpoints and interpretations, invites readers to develop their own. This type of writing can only inspire the preservation of the rule of law in a policy area that has such an impact on individual lives." --Pim Geelhoed, Common Market Law Review "Mancano masterfully addresses some of those issues [EU competence in criminal law], inviting the reader to a journey into an immensely complex legal landscape ... Content-wise Mancano's book deserves to be praised ... This monograph represents a first bold attempt to systematically present the EU approach to (custodial) punishment, by doing justice to its complex and manifold expressions." --Adriano Martufi, European Law Review