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Balancing between human rights assumptions and actual fundamental human rights safeguards in building an area of freedom, security and justice : a Cosmopolitan perspective

Rebecca Deruiter (UGent) and Gert Vermeulen (UGent)
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Abstract
Rhetoric often claims that the European Union (EU), in issues related to Justice and Home Affairs, has to be united in its diversity. As such, the asylum and judicial systems of the Member States are initially perceived as equally good. By applying the cosmopolitan theory on two fields of interstate cooperation, asylum and judicial cooperation in criminal matters, the article explores how cosmopolitan the EU is in these fields, with a specific focus on material detention conditions. For cosmopolitanism to work, it has to be grounded in commonly shared norms, which enable the EU to regulate its dealings with the otherness of the Member States. The crucial role of the European Court of Human Rights and the Court of Justice of the European Union in placing boundaries on the equal goodness of the Member States’ asylum and judicial systems is analysed. This judicial reality in which cosmopolitan norms are established and protected is discussed, together with the political realities dominating policy debates in order to build an Area of Freedom, Security and Justice.
Keywords
Asylum, Cosmopolitanism, Detention conditions, European Union, Judicial cooperation in criminal matters

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Chicago
Deruiter, Rebecca, and Gert Vermeulen. 2016. “Balancing Between Human Rights Assumptions and Actual Fundamental Human Rights Safeguards in Building an Area of Freedom, Security and Justice : a Cosmopolitan Perspective.” European Journal on Criminal Policy and Research 22 (4): 731–749.
APA
Deruiter, R., & Vermeulen, G. (2016). Balancing between human rights assumptions and actual fundamental human rights safeguards in building an area of freedom, security and justice : a Cosmopolitan perspective. EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH, 22(4), 731–749.
Vancouver
1.
Deruiter R, Vermeulen G. Balancing between human rights assumptions and actual fundamental human rights safeguards in building an area of freedom, security and justice : a Cosmopolitan perspective. EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH. Dordrecht: Springer; 2016;22(4):731–49.
MLA
Deruiter, Rebecca, and Gert Vermeulen. “Balancing Between Human Rights Assumptions and Actual Fundamental Human Rights Safeguards in Building an Area of Freedom, Security and Justice : a Cosmopolitan Perspective.” EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH 22.4 (2016): 731–749. Print.
@article{7090962,
  abstract     = {Rhetoric often claims that the European Union (EU), in issues related to Justice and Home Affairs, has to be united in its diversity. As such, the asylum and judicial systems of the Member States are initially perceived as equally good. By applying the cosmopolitan theory on two fields of interstate cooperation, asylum and judicial cooperation in criminal matters, the article explores how cosmopolitan the EU is in these fields, with a specific focus on material detention conditions. For cosmopolitanism to work, it has to be grounded in commonly shared
norms, which enable the EU to regulate its dealings with the otherness of the Member States. The crucial role of the European Court of Human Rights and the Court of Justice of the European Union in placing boundaries on the equal goodness of the Member States{\textquoteright} asylum
and judicial systems is analysed. This judicial reality in which cosmopolitan norms are established and protected is discussed, together with the political realities dominating policy debates in order to build an Area of Freedom, Security and Justice.},
  author       = {Deruiter, Rebecca and Vermeulen, Gert},
  issn         = {0928-1371},
  journal      = {EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH},
  keyword      = {Asylum,Cosmopolitanism,Detention conditions,European Union,Judicial cooperation in criminal matters},
  language     = {eng},
  number       = {4},
  pages        = {731--749},
  publisher    = {Springer},
  title        = {Balancing between human rights assumptions and actual fundamental human rights safeguards in building an area of freedom, security and justice : a Cosmopolitan perspective},
  url          = {http://dx.doi.org/10.1007/s10610-016-9305-2},
  volume       = {22},
  year         = {2016},
}

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