Fundamental rights in European criminal justice: an axiolological perspective
The discussion here explores the way in which human rights protection norms have been and may be integrated into the presently emerging body of European Union (EU) criminal law and criminal justice. An axiological or value theory approach helps to unravel and elucidate what is actually happening and likely to happen within the emergence of EU criminal law as a contemporary historical process. It is argued here that the values that are now being taken up as 'trump cards' within this new legal environmemt are, first, the respect for and protection of basic human rights, and secondly, the associated guarantee of democratic governance; and that this is so despite a natural national-governmental preference for' security' values. In the context of European society and polities of the early twenty -first century, the former may be seen as the steering values of a project such as that of EU criminal law.
Journal/Publisher: European Journal of Crime, Criminal Law and Criminal Justice, Volume 20
Co-author/s: Christopher HARDING
Publication type: Article
Number of pages/Page range: 239–264
Language/s (content): English
Date of publication: 01-01-12
Personal data
Full name Joanna Beata BANACH-GUETIERREZ
Current occupation Member
University/Institution University of Warmia and Mazury in Olsztyn
Address Warszawska 98 street
Postal code 10-702
Telephone 0048 664018985