Staff

Dr. Luisa Marin

picture of Luisa Marin

Assistant Professor in European Law

Ravelijn building
Room: 4210
Phone: +31 53 489 2413

Postal Address:
P.O. Box 217
NL-7500 AE Enschede

l.marin@utwente.nl
secr.: Manon Jannink

General Information

Dr. Luisa Marin is Assistant Professor of European Law since November 2007. She is affiliated to the Centre for European Studies (CES), Research Fellow of the Institute for Governance Studies (IGS) and Affiliate Senior Researcher at the 4TU.Centre for Ethics and Technology

Areas of expertise

  • Border surveillance in the governance of human mobility
  • Dual-use technologies (namely drones) and their interactions with law and policy    
  • Data protection / privacy
  • European Criminal law / Judicial Cooperation Criminal Matters
  • Constitutional Analysis of EU Law

Biography

I hold a PhD in 'Italian and European Constitutional Law' from the University of Verona (Italy), where I have also conducted post-doctoral research. I have defended my PhD before a jury chaired by Prof. Marta Cartabia.

During and after my PhD I joined, first, the University of Utrecht (as an exchange PhD candidate), then the University of Helsinki (post-doctoral researcher, School of Law, Department of Criminal Law, upon invitation of Prof. Kimmo Nuotio), and in 2010 the European University Institute (as Visiting Fellow).

I hold a Law Degree (110/110) and a Master per Giuristi Internazionali  (Master for International Lawyers) of the “Alma Mater Studiorum”, the University of Bologna (Italy), and I have spent my Erasmus in France at the “Université Robert Schuman” of Strasbourg (France).

Research and Publications

My research focuses on cutting-edge themes of European integration in the Area of Freedom, Security and Justice, with a multi-disciplinary legal perspective (European/international, criminal and constitutional law), within a multi-level (or multi-centered) system of governance. My main driver for research focuses on the relation between individual and public authorities, typical of, among others, (criminal) law enforcement.

In my monograph I have dealt with the relations between mutual recognition, (the pre-condition of) mutual trust, arguing that mutual recognition and, more in general, transnational enforcement regimes should not imply a sacrifice for the protection of fundamental rights. I have compared the development and the operation of mutual recognition across different areas of European integration, namely the free movement of goods, judicial cooperation in civil matters, next to the criminal one, taking the European Arrest Warrant as a case study. Next to my monograph, I have written several articles and co-edited (with Elspeth Guild) a book on the (constitutional challenges to the) European Arrest Warrant.

My most recent research themes are border surveillance and crimmigration. I am intrigued by the governance of human mobility (with specific attention to irregular migration), in its interaction between European and national law enforcement levels, and between criminal law and other national and European law sources.

Next to this, I have also worked on the deployment of dual-use technologies (drones) in the context of border surveillance, looking at regulatory issues and at the implications for data protection and privacy.

In the last two years, I have presented my research at the Ministry of Internal Affairs in The Hague, at the Universities of Ljubljana, Helsinki, Utrecht, at the Fondazione Basso (ROME), at the Peace Research Institute of Oslo (PRIO), at the University of Dundee and I have joined experts’ panels at ERA conference and at the European Data Protection Supervisor.

I am a reviewer for the journal European Security, the Journal of Contemporary European Research and for the CPDP (Computers, Privacy, Data Protection) book 2015.

recent and forthcoming publications

  1. L. Marin and M. Weimer, (Guest Editors of) Special issue on “Regulating New and Emerging Technologies”, European Journal of Risk Regulation 3-2016
  2. M. Weimer and L. Marin, “The Role of Law in Managing the Tension between Risk and Innovation”, Introduction to the Special Issue on Regulating New and Emerging Technologies, EJRR, 3-106, pp. 469-474
  3. Special issue on “Regulatory Questions of Emerging New Technologies”, co-edited by L. Marin and M. Weimer, European Journal of Risk Regulation 1-2016, with articles of A. Reichow, M. Morvillo, P. Stapleton, R. de Bruin, in preparation
  4. Special Issue: Crimmigration and Human Rights in Europe: Exclusion, Alternatives and Resistance. Guest Editors: Luisa Marin & Alessandro Spena, European Journal of Migration and Law 2-2016, with articles of M. Bosworth-M. Vannier, A. Mangiaracina, A. Spena, L. Zedner, A.M. Kosińska
  5. L. Marin and A. Spena, “Introduction: The Criminalization of Migration and European Dis(Integration)”, forthcoming in Special issue on “Crimmigration, EU law and Human Rights”, co-edited by L. Marin and A. Spena, European Journal of Migration and Law 2-2016, with articles of M. Bosworth-M. Vannier, A. Mangiaracina, A. Spena, L. Zedner, A.M. Kosińska
  6. L. Marin and K. Krajčíková, "Deploying drones in policing southern European borders: between crime control and humanitarian discourses", in A. Završnik, (ed.) Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance, Springer, 2016, pp. 101-127
  7. L. Marin, “The humanitarian drone and the borders. Unravelling the rationales behind the deployment of drones-technology in border surveillance”, in B. Custers (ed.), “The Future of Drone Use. Opportunities and Challenges From Legal and Ethical Perspectives”, forthcoming 2016
  8. L. Marin, “The ‘metamorphosis’ of the drone: challenges arising from the deployment of drone technology in border surveillance. An exploratory study”, forthcoming in “Embedding and Governing New Technologies: A Regulatory, Ethical and Societal Perspective”, ed. by D. Bowman, E. Stokes, A. Rip)

Key publications

  • L. Marin, “The fate of the Data Retention Directive: about mass surveillance and fundamental rights in the EU legal order”, in V. Mitsilegas, M. Bergstrom, T. Konstatinides (eds.), “Research Handbook on European Criminal Law”, Edward Elgar, 2016, pp. 210-229
  • L. Marin and K. Krajčíková, "Deploying drones in policing southern European borders: between crime control and humanitarian discourses", in A. Završnik, (ed.) Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance, Springer, 2016, pp. 101-127
  • L. Marin (2014). ‘Effective and Legitimate? Learning from the Lessons of 10 Years of Practice with the European Arrest Warrant’ in New Journal of European Criminal Law, Vol. 5, Issue 3, 2014.
  • L. Marin, “Policing EU’s external borders: a challenge for the rule of law and fundamental rights in the Area of Freedom, Security and Justice? An analysis of Frontex Joint Operations at the southern maritime border”, Journal of Contemporary European Research, vol. 7 no. 4-2011, p. 468-487
  • L. Marin, “Is Europe turning into a ‘technological fortress’? Innovation and technology for the management of EU’s external borders. Reflections on FRONTEX and EUROSUR”, in M.A. Heldeweg & E. Kica (eds.), Regulating Technological Innovation: Legal and Economic Regulation of Technological Innovation, Palgrave MacMillan, 2011, p. 131-151

For a full list of publications, click here.

Teaching

Bachelor courses/modules:

  • Module “Bachelor Thesis Circle” (2016- now)
  • Module “The Modern State”, EPA (European Public Administration) Programme (2013- now)
  • Module “The EU in the World”, EPA Programme (2016- now)
  • Course “European Legal Integration” (Programme: European Studies, ES) (until 2012-2013)
  • Course “European Legal Governance" (ES) (until 2013-2014)

Master courses: European Union Law (ES, 2007-now)

Fundraising capacity

  • 2016: participation in the H2020 IA proposal in SEC-19-BES-2016 – Data Fusion for Maritime Security Applications
  • 2012: UT Aspasia grant (15,000 Euro)
  • 2009: UT incentive fund (17,000 Euro)
  • 2008: UT incentive fund (3,000 Euro)

Professional Qualifications

Avvocato (Lawyer). Admitted to the Bar before the Venice Court of Appeal in 2004, Dr. Marin is a member of the Bar of Treviso (Ordine degli Avvocati) since 2010.

Ancillary functions

Luisa is a member of the Commissie Meijers, the Standing Committee of Experts on International Immigration, Refugee and Criminal law, Utrecht, the Netherlands.
Luisa is also a member of EDEN, the Europol Data Protection Experts Network, within Europol.

Affiliations

My Agenda

  • 13 October 2016, University of Lausanne, Lecture organized by the STS-CH: “Frontex, scientific research and military research in migration management”  
  • 14-15 July 2016: Lecture “The EU’s approach to the current refugee crisis” at the Summer School on “La crisis de las personas refugiadas y su impacto sobre la UE”, organized by EUROBASK (University of Basque Country), director: Prof. Joxerramon Bengoetxea Caballero
  • 2016 ICON-S Conference, Berlin, June 17-19, 2016, on “Borders, Otherness, and Public Law”, presenting the paper: “Technology for border surveillance: another brick in the techno-securitization of borders? A critique of contemporary European border surveillance, between techno-securitization and humanitarian arguments”
  • 6- 8 July 2016, Standing Group on Regulatory Governance REGGOV Conference 2016, University of Tilburg, paper: “Mutual trust in EU criminal law: dream or reality?”, co-authored with dr. T. Marguery
  • 14-15 July 2016: Lecture at the Summer School on “La crisis de las personas refugiadas y su impacto sobre la UE”, organized by EUROBASK, director: Prof. Joxerramon Bengoetxea Caballero

Past Activities

Click here