Justice and home affairs in the EU constitutional treaty: what added value for the 'area of freedom, security and justice'?

Monar, Jorg (2005) Justice and home affairs in the EU constitutional treaty: what added value for the 'area of freedom, security and justice'? European Constitutional Law Review, 1 (2). pp. 226-246. ISSN 1574-0196

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Abstract

Area of freedom, security and justice. One of the most significant developments in European Integration. Assessment of the contribution of the Constitutional Treaty to further development. Formal abolition of pillar structure partially undermined by special provisions. Relevance of Charter of Fundamental Rights. Union powers strengthened, but likelihood of restrictive interpretation. Revised policy objectives: few new openings, but possibly important implications. Solidarity as a new integration principle. Is majority voting justified in particularly sensitive areas such as police and judicial co-operation in criminal matters? Monstrosity of the emergency-brake procedure. Strengthening of European Parliament and Court of Justice, but not overall. Perspective of enhanced co-operation.

Item Type: Article
Additional Information: This article in the first and so far only journal focusing on EU constitutional law analyses from a legal and political perspective the substance and likely implications of the reforms introduced by the EU Constitutional Treaty as regards the "area of freedom, security and justice" (AFSJ). It discusses, in particular, the consequences of (incomplete) abolition of the "pillar" architecture, the importance of the incorporation of the Charter of Fundamental Rights for a better balance between "security" and "freedom" and the changes in decision-making procedures which combine more majority voting in the criminal justice domain with a problematic "emergency brake" procedure. The article questions the "constitutional" nature and validity of some of the reforms, while recognising that they provide some enhanced development potential for the AFSJ.
Keywords: Justice and Home Affairs; European Constitution; Area of Freedom Security and Justice; Pillar Structure; Charter of Fundamental Rights; Policy Objectives; Solidarity; Police Co-operation; Criminal Co-operation
Schools and Departments: School of Law, Politics and Sociology > Politics
Depositing User: Jorg Monar
Date Deposited: 06 Feb 2012 19:46
Last Modified: 21 Jun 2012 09:24
URI: http://sro.sussex.ac.uk/id/eprint/22113
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