A European Area of Freedom, Security and Justice: A Long Way Ahead?
Uppsala Faculty of Law Working Paper No. 2011:6a
26 Pages Posted: 3 Jul 2012
Date Written: 2011
Article 3(2) TFEU stipulates: ‘The Union shall offer its citizens an area of freedom, security and justice’. Such an Area sounds like a present anyone would want to receive. However, what precisely is the meaning of these promising terms? How much ‘freedom’, ‘security’, and ‘justice’ does the Union want to offer? What are the inherent limitations? What are the constitutional, political, and practical obstacles to establishing the Area in the way the Union envisage it? The establishment of the area of freedom, security and justice poses huge challenges for the Union and its Member States. The identification of joint objectives is difficult and might disenchant those who were inspired by the promising terminology, but even greater constitutional, political and practical difficulties arise when European law is incorporated into national law, when specific and effective cooperation arrangements are set up (including those requiring exchange of information), when flexible and differentiated integration compartmentalizes the Area to a patchwork, in the exercise of parliamentary control, in the treatment of third country nationals, and in the control of minimum standards at all levels of cooperation.
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