LUCAS JESUS RUIZ DIAZ

Scopus Publications

The inadequacy of EU law to prevent current (violent) radicalization trends
Lucas J. Ruiz Díaz
Policy and Experience in the Prevention of Violent Radicalization in the European Union, 2026
Witnessing that the European Union has strengthened its actions to address the salience of growing (violent) radicalization leading to terrorism in Europe and worldwide, the aim of this chapter is twofold. On the one hand, to briefly describe the European Union’s competences to address radicalization according to the Treaties and how they have been translated into secondary law. On the other hand, to assess whether its powers have proven adequate to face the current security challenges posed by radicalized individuals, and to highlight the main legal challenges ahead as new trends emerge. Whereas the concept of “radicalization” and its scope is still open to debate, there are new trends in fighting radicalization that will need a stronger response from the European Union via legislative and non-legislative actions in areas of European integration falling nowadays primarily under its supporting, coordinating, and supplementing competences. The purpose of this analysis is to contribute to the development of more effective strategies for the prevention of radicalization by identifying crucial areas for further legal research and policy actions.
ANALYSIS OF THE RELEVANCE AND LEGAL DILEMMAS ARISING FROM THE USE OF EUROPEAN UNION SANCTION LAW IN THE PREVENTION OF RADICALISATION
Lucas J. Ruiz Díaz
Revista De Derecho Comunitario Europeo, 2025
En los últimos años, la Unión Europea (UE) ha reforzado su respuesta a la radicalización que conduce al terrorismo a través de la adopción de normas de diverso alcance y naturaleza atendiendo a las competencias que tiene atribuidas. El objetivo de este estudio es doble. Por un lado, describir brevemente cuáles son esas competencias según los Tratados y cómo se han traducido en el derecho derivado. Por otro lado, valorar los principales retos jurídicos que se plantean a medida que surgen nuevas tendencias en la radicalización en Europa y el mundo. Con este análisis, se pretende contribuir al debate doctrinal acerca de la necesidad de desarrollar estrategias más eficaces para la prevención de la radicalización, identificando áreas cruciales que precisan de futuras investigaciones jurídicas y acciones políticas en áreas que figuran actualmente en el marco de las competencias de apoyo de la Unión con el fin último de poner en marcha un enfoque verdaderamente polifacético y multinivel.
The European Parliament’s Oversight of the Agencies of the Area of Freedom, Security and Justice. Where are we Now and Where are we Heading
Lucas J. Ruiz Díaz
Cuadernos Europeos De Deusto, 2022
Despite becoming a legislative actor comparable to the Council after the entry into force of the Lisbon Treaty, the European Parliament (EP) still lacks the power to effectively scrutinize the implementation of the European Union (EU) law and policies by the agencies of the Area of Freedom, Security and Justice (AFSJ). The case of Frontex has demonstrated the extent to which the successful protection of human rights is at stake when it comes to the activities at the external borders to halt irregular migration flows and other illegal cross-border activities. Abuses in this regard have been highlighted by several International Organizations and non-Governmental Organizations, forcing the EU Institutions to act accordingly. This paper analyzes the current state of affairs of the EP’s powers to scrutiny AFSJ agencies after the progressive enhancement of their mandates in the last decade, and suggests several recommendations to enhance the accountability of these agencies to fully respect the principles of the rule of Law and the values on which the EU is based.Received: 31 July 2022Acepted: 28 September 2022
BETWEEN SUPPORTING INTEGRATION AND COUNTERING RADICALIZATION. A CRITICAL ANALYSIS OF THE EUROPEAN UNION’S ACTION PLAN ON INTEGRATION AND INCLUSION
Lucas J. Ruiz Díaz
Revista Espanola De Derecho Internacional, 2021
Not being its purpose to establish a security-migration link, the aim of this Study is to analyse both European Union’s action to prevent radicalization and the current starting point by means of an instrument specifically aimed at promoting social inclusion and integration of third-country nationals and Europeans with a migrant background: the Action plan on Integration and Inclusion 2021-2027. In this document, besides stressing EU’s intervention thought the lens of human rights, the Commission approaches social inclusion and integration from a securitarian perspective; that is, for the first time in the European agenda, as an active element of its action to prevent radicalization processes leading to violent extremism and terrorism. This approach, however, might entail undesired consequences for the effective protection and promotion of the rights of this collective.
Designing the renewed European defence policy through permanent structured cooperation. Why?
Lucas J. Ruiz Díaz
Defence Studies, 2021
As the COVID-19 crisis has evidenced, Europe is currently facing non-traditional, hybrid threats and challenges to its public order and security that question traditional, stand-alone responses. Conscious of this, during the last decade the European Union (EU) has developed several tools to deal with those security threats and challenges jointly by making full use of the Lisbon Treaty provisions. Indeed, in addition to the strengthening of the policies and instruments of the Area of Freedom, Security and Justice (AFSJ), the EU has particularly boosted European defence cooperation within the framework of the Common Foreign and Security Policy (CFSP) since 2016 through initiatives such as the Permanent Structured Cooperation (PeSCo). The aim of these defence initiatives is twofold: on the one hand, to complement AFSJ instruments to protect the EU homeland and its citizens; on the other, to enhance its response to international crises and contribute to international peace and security. A matter of future concern will be, nevertheless, to sustain the political momentum after the COVID-19 socioeconomic crisis and to show the positive externalities of enhancing defence cooperation in fighting non-traditional threats and challenges, notwithstanding the many difficulties that it will encounter in its uncertain path.
Ten years after the adoption of council framework decision 2008/841/JHA on the fight against organised crime. Lights and shadows of a doubtful legacy
Lucas J. Ruiz Díaz
Revista De Derecho Comunitario Europeo, 2018
The European Union took a step forward in the consolidation of its own, relatively autonomous legal framework to fight transnational organised crime with the adoption of the Council Framework Decision 2008/841/jha on the fight against organised crime. It did so by resorting to Criminal Law as an active element of its intervention in the field. Even though there are major achievements resulting from its adoption, the Framework Decision raised some concerns as regards the considerable gaps in the text finally endorsed by the Council, as well as its uneven incorporation into Member States’ domestic law. In particular, some issues call for further accuracy and new initiatives to effectively address the deficits observed both in the European legal framework and the legal practice in order to prevent from failure basic principles of national Criminal Law and those principles on which the European judicial area rely, such as mutual recognition.