This book analyses the anti-terrorism regimes of the United Kingdom, France and Italy, with particular reference to the period from 2001 to the present day. It explores in detail how counter-terrorism policies and measures have affected the individual rights of those who become suspected of terrorism, derogating from the guarantees that are normally available to suspects and defendants in the criminal justice process.
The research places anti-terrorism legislation developments in a broader context of major changes within modern society in Western Europe, which are challenging the traditional setting of all criminal justice systems: in particular the perilous emergence of an “us and them” approach to criminal justice, which German legal writers call a Feindstrafrecht. In this way, it traces the potential long-term impact of exceptional anti-terrorism measures on the criminal justice system as a whole through a process of “normalisation” of extraordinary measures.
The study identifies the factors which influence the development of antiterrorism policies and legislation. It then assesses whether and how the individual or simultaneous influence and the interaction of such factors changes over time and between different countries, and if so, why. The hope is that this process will help to shape future anti-terrorism policies and legislation which are compatible with the respect of individual rights.
Among the factors affecting criminal justice systems, the influence of EU law developments is taking more space and a common response is either emerging or has been envisaged.
Table of cases
Table of treaties and legislation
List of Abbreviations
CHAPTER 1. – Criminal Law DevelopmentsTable of contents
CHAPTER 2. – Telephone interception
CHAPTER 3. – Enhanced police powers for the purpose of evidence gathering and prosecution of terrorist suspects
CHAPTER 4. – Administrative measures
CHAPTER 5. – Concluding remarks