Are European Security Policies Learning Some Lessons from United States on Migration and Human Rights?

Abstract

If we compare American and European legal systems, there are some remarkable differences which essentially depend on the different way of dealing with two general issues: the culture of security and the relationship between politics and law. Paragraphs 1-2.2 examine these differences while paragraphs 3-4 suggest that they are slowly diminishing and European security policies are learning some lessons from the American approach to security.

Security is a core issue in US politics to such an extent that some related notions (imminent threat, continuing threat, etc.) are so widely interpreted that sometimes human rights are severely limited. For instance, some Guantanamo detainees “who cannot safely be transferred to third countries in the near term [...] and who are not currently facing military commission charges†are subject to continued indefinite detention without charge or trial because their detentions “remains necessary to protect against a continuing significant threat to the security of the United Statesâ€^[1]. Also in Europe security is a core issue but its goals are accomplished within a more comprehensive framework of values and interests in which human rights and the rule of law are equally important.