The Constitutional Foundations of EU Counter-Terrorism Policy by Bruno Oliveira Martins ePub

How do the EU's constitutional foundations impact on the formulation, practice and scrutiny of counter-terrorism within the EU? Arguing that the EU's counter-terrorism policy is an institution constituted by formal rules, procedures and norms as well as symbols and moral templates this book maintains that the legitimacy and social appropriateness of these policies stem from its constitutional foundations. Constitutionalism is interpreted as the main source of social legitimacy for EU counter-terrorism activities and an important factor contributing to the distinct characteristics of its counter-terrorism policy. The author shows that these dynamics affect not only the internal practice of the EU's counter-terrorism policy but also the way the EU cooperates with its two most important partners in the fight against international terrorism: the UN and the US. Using an innovative theoretical framework and relying on interviews with policy stakeholders and extensive interpretative analysis of policy documents, legal texts and case-law, the book puts forward original arguments and a new systematic form of understanding EU's counter-terrorism policy. At a time of increasing demand for EU action in counter-terrorism it makes a resolute case for the necessity of fighting terrorism within the law.

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