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Justice and home affairs in the EU constitutional treaty: what added value for the 'area of freedom, security and justice'?
journal contribution
posted on 2023-06-07, 23:58 authored by Jorg MonarArea 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.
History
Publication status
- Published
Journal
European Constitutional Law ReviewISSN
1574-0196Publisher
Cambridge University PressExternal DOI
Issue
2Volume
1Page range
226-246Pages
21.0Department affiliated with
- Politics Publications
Notes
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.Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2012-02-06Usage metrics
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