ABSTRACT
The rule of law is an essential principle that cannot be renounced in the political and legal architecture of free societies, and is enunciated as such in the European legal system. The fight against terrorism and radicalization inevitably involves a rethinking of the balance between freedom and security, which essentially affects the principle of the rule of law. The purpose of this chapter is precisely the analysis of the particular ‘balance’ between the difficult and complex configuration of this legal category in European Union law and the special legal articulation of the fight against terrorism and radicalization as predominantly defined by Member State competences. The EU counter-terrorism response has thus endorsed the introduction of extraordinary legal means in ‘ordinary law’, raising serious concerns about its compatibility with the founding value of the rule of law and, ultimately, about the efficacy of the EU mechanisms to enforce it.
