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Dr. Luisa Marin

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(Visiting) Assistant Professor 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).

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  

Research 

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.

LATEST PUBLICATIONS 

L. Marin, “Governing Asylum with (or without) Solidarity? The Difficult Path of Relocation Schemes, Between Enforcement and Contestation”, in Freedom, Security and Justice: European Legal Studies, 1- 2019, pp. 55-74

L. Marin, “The general principles of European (criminal) law as limitation to the enforcement of EU law: the Kolpinghuis Nijmegenrule”, forthcoming in V. Mitsilegas, A. di Martino and L. Mancano (eds.), “The Court of Justice and European Criminal Law: Leading Cases in a Contextual Analysis”, Hart (2019)

L. Marin, “The ‘Metamorphosis’ of the drone: the governance challenges of drone technology in border surveillance”, in by D. Bowman, E. Stokes, A. Rip (eds.),“Embedding New Technologies into Society: A Regulatory, Ethical and Societal Perspective”, Pan Stanford 2017, pp. 299-334

Luisa Marin (2017) The deployment of drone technology in border surveillance. In: Surveillance, Privacy and Security: Citizens’ Perspectives. Pp. 107-122. Eds. Michael Friedewald , J. Peter Burgess , Johann Čas , Walter Peissl and Rocco Bellanova. Link: http://www.tandfebooks.com/action/showBook?doi=10.4324%2F9781315619309&

L. Marin and M. Weimer, (Guest Editors of) Special issue on “Regulating New and Emerging Technologies”, European Journal of Risk Regulation 3-2016  

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 

L. Marin & A. Spena (Guest Editors of) Special Issue “Crimmigration and Human Rights in Europe: Exclusion, Alternatives and Resistance”, European Journal of Migration and Law 2-2016, with articles of M. Bosworth-M. Vannier, A. Mangiaracina, A. Spena, L. Zedner, A.M. Kosińska 

L. Marin and A. Spena, “Introduction: The Criminalization of Migration and European Dis(Integration)”, 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, pp. 469-474 

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

Publications

past activities

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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

6- 8 July 2016, Standing Group on Regulatory Governance REGGOV Conference 2016, University of Tilburg, paper: “The Emergence of a Tempered Mutual Trust in EU Criminal Law”

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”