17 Dec 2007

Rival Freedoms in terms of Security

The Case of Data Protection and the Criterion of Connexity

Nicolas Scanadamis / Frantzis Sigalas / Sofoklis Stratakis

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CHALLENGE Research Paper No. 7  / 25 pages

The analysis of the present paper is based on two axes: one is that of the rivalry between different freedoms in a liberal regime, as well as the security restrictions to the concept of liberty. The other axis is that of the rivalry between the different forms of governing, governance and government in the EU, as articulated in the connexity criterion – a concept proposed and explored in this paper by Dr. Nicolas Scandamis, Professor of European Law at Athens University and doctoral students F. Sigalas and S. Stratakis. The case study of the data protection regime in the EU demonstrates the tension between the individual right to data protection, economic freedoms and political freedoms and how that right is redefined by security necessities and the ‘principle of availability’. The connexity criterion between governance and government is employed in the analysis of the Passenger Name Record judgement of the European Court of Justice.

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