The Treaty of Lisbon and the Area of Freedom, Security and Justice: Exceptionalism and Fragmentation in the European Union

Authors

  • SERGIO CARRERA y FLORIAN GEYER

Keywords:

Treaty of Lisbon, Area of Freedom, Security and Justice, Justice and Home Affairs, Exceptionalism.

Abstract

The Area of Freedom, Security and Justice (AFSJ) constitutes one of the policies which will be more affected by the new institutional configurations that will be brought about by the Reform Treaty signed in Lisbon on the 13 December 2007 (Treaty of Lisbon). These policies, traditionally denominated as Justice and Home Affairs, have been subject to various criticisms calling for the need to reform and improve their current institutional, legal and procedural structures. What are going to be the main innovations introduced by the Treaty of Lisbon as regards an AFSJ? What are going to be the main effects and consequences at times of progressively establishing an Area where there exists a common level of Freedom, Security and Justice all across the EU? This article provides a concise overview of the most relevant innovations in the AFSJ within the new institutional framework proposed by the Treaty of Lisbon. Then it assesses the exceptions and flexibility which will apply to the new institutional context over these policies. Finally, it puts forward a reflexive account about the potential implications and negative effects which will emerge as a consequence of this exceptionalism and differentiation at times of establishing a common AFSJ for the European Union.

Published

2008-05-14

Issue

Section

STUDIES