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12 The Fight against Terror and the Space of Individual Freedom: A (Classic) Word of Caution

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Chapter Summary

This chapter focuses on the internal dimension of EU law and the impact which the declared aim of the 'fight against terror' and legislative measures adopted on its basis have had on the state and the 'quality' of the EU legal order internally. It lies in the classical or traditional EU legal instruments adopted as measures in the fight against terror since 2001 and their internal life within the EU and its Member States. The chapter takes two significant examples of legislative measures, which have been adopted in recent years with the explicit 'fight against terror' rhetoric and justification: regulation(s) on airport and aviation security and the Data Retention Directive. Taking into account the historical sensibilities with regard to such measures in a number of post-dictatorial states and societies in Europe, it is suggested that such measures should not only be carefully and duly weighed up in the legislative process.

Keywords: airport; aviation security; data retention directive; EU legal order; fight against terror; legislative measures; post-dictatorial states; traditional EU legal instruments

10.1163/9789004268333_014
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