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Table of Contents: I. Introduction. – II. Preventive security. – II.1. Criminal law. – II.2. Surveillance. – II.3. Border control. – III. Externalised security. – III.1. Globalised security. – III.2. Transatlantic security. – IV. Privatised security. – IV.1. Privatised security as a Rule of Law challenge. – IV.2. Privatised security as a means of upholding the rule of law. – V. Border security. – V.1. Immigration Law as Security Law. – V.2. CFSP/CSDP as Immigration Law. – V.3. Security Law as Immigration Law. – VI. Conclusion. Reconceptualising security in EU Law.
Abstract: This Article will examine the concept of public security in EU law by focusing on the production of security by the European Union. The starting point will be the production of what has been characterised as “internal security” namely measures on criminal justice and law enforcement co-operation. The Article aims to analyse critically the evolution of EU security law as a response to a number of recent political and societal trends, leading to the qualitative and quantitative expansion of the EU security acquis. The Article will focus on four major developments: the shift towards prevention and pre-emption in EU security law; the emergence of the European Union as a global security actor; the impact of privatisation and digitalisation on security; and the blurring of boundaries between immigration law and security law through the prevalence of the policy agenda of border security. The Article will demonstrate how, through these developments, the realm of security has expanded in EU law challenging further the values of the Union, in particular fundamental rights and the rule of law. The Article will thus argue in favour of a reconceptualisation of security focusing on legality and the rule of law.
Keywords: Border Security – Preventive Justice – Frontex – Eurosur – Operation Sophia – Operation Irini.
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European Papers, Vol. 9, 2024, No 3, pp. 1438-1473
ISSN 2499-8249 - doi: 10.15166/2499-8249/817
* Professor of European and Global Law and Dean of the School of Law and Social Justice, University of Liverpool, v.mitsilegas@liverpool.ac.uk.
