The Mutation of European Anti-Terrorism Law (2015-2020): Balancing Security and Fundamental Rights in the Face of the Preventive Imperative
Keywords:
Anti-Terrorism Law, Fundamental Rights, Jurisprudential Injunction, Prevention, ProportionalityAbstract
This article examines the strategic transformation of European counter-terrorism policies between 2015 and 2020. It demonstrates that this reorientation was not merely political, but largely imposed by binding jurisprudential injunctions issued by the Court of Justice of the European Union and the European Court of Human Rights. In response, European States institutionalised a more comprehensive preventive framework, notably through national prevention strategies and mechanisms. However, the analysis highlights a displacement of the conflict of legitimacy towards the increasing normalisation of mixed administrative security measures (MICAS). The article argues that the resilience of the European legal order ultimately depends on its capacity to reconcile security imperatives with democratic legitimacy, by subjecting preventive instruments to robust judicial oversight and by grounding risk management policies in ethical safeguards and scientifically validated evidence.
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