Research Handbook on International Law and Terrorism
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Research Handbook on International Law and Terrorism

Edited by Ben Saul

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
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Chapter 42: The legal response to terrorism of the European Union and Council of Europe

Cian C. Murphy

Abstract

In the aftermath of the 11 September 2001 attacks the European Union overtook the Council of Europe at the forefront of Europe-wide co-operation on counter-terrorism. Today EU law shapes national law against terrorism in a range of fields, including telecommunications, financial, and travel surveillance. The response to terrorism has also led to procedural co-operation on extradition and evidence exchange. The case-law of the EU Court of Justice has influenced global efforts against Al-Qaeda and Islamic State. This chapter offers a critical overview of EU and Council of Europe law in the field – including the Directive on Combating Terrorism and the Passenger Name Record (PNR) Directive – and their implications for human rights and the rule of law.

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