In many democracies governments have to consider what measures to adopt in an effort to best protect their national security. The war against terrorism has increased the use of administrative measures that can be quickly adopted and effectively implemented. The panel aims to discuss the importance of legal design in balancing security and fundamental rights...
Administrative law at the crossroad between domestic safety and human rights
The paper aims to analyze from a comparative perspective the double role played by administrative law rules and institutions to ensure domestic safety and to provide basic guarantees for human rights
Balancing effective protection and agency overreach: lessons from Israel
Israel has a longstanding experience on dealing with security, and the many administrative tools developed in an effort to provide domestic safety. One must bear in mind that such effort may require extraordinary powers, not often used in a democracy. The decisions made will impact the level of infringement on human and civil rights. One...
State of emergency and rule of law in France
The state of emergency was decreed on November 14, 2015 in France to face the terrorist attacks of this bloody night. It was then extended for two years. Justified by the fight against terrorism, it survived and was used for other purposes. Therefore, one can wonder how the contemporary State structured by the rule of...
A Critical Analysis of the Use of Diplomatic Assurances in the Cases of Expulsion to Torture
Security concerns of states in the aftermath of the 9/11 attacks and the global war on terror have brought the use of diplomatic assurances into the spotlight more than ever. Diplomatic assurances in the cases of expulsion to torture, or simply promises not to torture, have raised substantial questions regarding the legality of this practice...