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

0
Download Publication

2421 Downloads

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.

Related Publications

Browse through the list of related publications.

A transformational moment?

The EU's response to Russia's war in Ukraine

The EU grants temporary protection for people fleeing war in Ukraine

Time to rethink unequal solidarity in EU asylum policy

European Union Policies on Onward and Secondary Movements of Asylum-seekers and Refugees

A Critical Overview of the EU’s Migration Management Complex

Limitations on Human Mobility in Response to COVID-19

A preliminary mapping and assessment of national and EU policy measures, their sanctioning frameworks, implementation tools and enforcement practices

Between politics and inconvenient evidence

Assessing the Renewed EU Action Plan against migrant smuggling

Walling off Responsibility?

The Pushbacks at the EU’s External Borders with Belarus