Area of Freedom Security and Justice: How the Outside Shapes the Inside
Diego Acosta Arcarazo & Cian C. Murphy (eds.), EU Security and Justice Law: After Lisbon and Stockholm (Hart, 2013)
22 Pages Posted: 20 Oct 2013 Last revised: 19 Nov 2013
Date Written: January 31, 2013
By offering its citizens an Area of Freedom, Security and Justice (AFSJ), the European Union (Union or EU) barely linguistically disguises an aspiration to assume core state functions. The carefully chosen term AFSJ is not only loaded with social contract connotations but also contains a spatial notion of territorial unity that has a state flavour to it. The strengthening of the policy fields brought together under the AFSJ has been explained as a necessary complement to the internal market compensating the removal of frontiers within the EU. However, AFSJ policies, arguably as all EU policies, are shaped by many pull and push forces, originating not only within the Union but also outside.
This chapter explores the extent to which the AFSJ is influenced from the outside. The underlying presumption is that the Union’s AFSJ is not only a product of internal compromise aiming to reconcile the – at times schizophrenic – ambitions of the Union and its Member States, who want to offer EU citizens an AFSJ governed by coherent and indiscriminately applicable policies, while ensuring the greatest possible retention of sovereign rights on the part of the Member States, but also a product of external forces. This chapter aims to demonstrate such ‘outside-in’ effects resulting from the Member States cooperating under international law, and the Union interacting with third parties and recognising external human rights regimes.
Keywords: Area of Freedom, Security and Justice, external relations, European Union
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