Official Secrets and Oversight in the EU
Law and Practices of Classified Information
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 April 2019
- ISBN 9780198819219
- Binding Hardback
- No. of pages224 pages
- Size 241x163x21 mm
- Weight 492 g
- Language English 0
Categories
Short description:
This book offers the first in-depth analysis of a pressing issue in the European Union: ensuring democratic oversight and fundamental rights in light of a growing official secrets architecture embedded in security policies.
MoreLong description:
This monograph offers a uniquely comprehensive and in-depth legal account of official secrets in the European Union. It critically analyses their implications for oversight and fundamental rights. Based on forty interviews with practitioners and other stakeholders, it offers an understanding of the practices of official secrets and provides a critical and much-needed perspective on how parliamentary, judicial and administrative oversight institutions deal with access to classified material and the dilemma of oversight to concurrently ensure secrecy necessary for EU security policies and openness needed for democratic processes and fundamental rights.
The book discerns shifts in institutional practice of oversight at the European Parliament and the Court of Justice of the European Union that disproportionately favour secrecy and the protection of classified documents while creating serious limitations to open democratic deliberations and access to justice, and delivers new insights on the EU's development as a security actor as well as its autonomy from Member States, showing how rules on official secrets were a means for the EU to gain more autonomy in external security cooperation.
Table of Contents:
Introduction
The Oversight Dilemma and Democratic Constraints of Official Secrets in the EU Constitutional Context
EU Regulation of Official Secrets
EU Practices of Official Secrets: Administrative Discretion in Practice Introduction
Access to Official Secrets and Reviewing Executive Secrecy
Closed Parliamentary Oversight and Secret Evidence in EU Courts
Conclusions
