The European Council's Guidelines for the Area of Freedom, Security and Justice 2020: Subverting the ‘Lisbonisation’ of Justice and Home Affairs?

CEPS Essays

55 Pages Posted: 8 Aug 2014

See all articles by Sergio Carrera

Sergio Carrera

Centre for European Policy Studies

Elspeth Guild

Radboud University Nijmegen - Faculty of Law; Kingsley Napley - Department of Immigration; The British Institute of International and Comparative Law; London School of Economics & Political Science (LSE)

Date Written: July 14, 2014

Abstract

In its Conclusions of 26-27 June 2014, the European Council has adopted the new “Strategic Guidelines for Legislative and Operational Planning for the coming years within the EU’s Area of Freedom, Security and Justice (AFSJ)”. These Guidelines reveal a pre-Lisbon Treaty mindset among the EU member states and the Justice and Home Affairs Council. This essay argues that the Guidelines are mainly driven by the interests and agendas of national Ministries of Interior and Justice and are only “strategic” insofar as they aim, first, to re-inject ‘intergovernmentalism’ or the old EU Third Pillar ways of working into the new EU institutional setting of the AFSJ and second, to sideline the EU Charter of Fundamental Rights and rule of law in the AFSJ.

The paper also argues that the European Council Guidelines seek to prevent the advances in Justice and Home Affairs cooperation as envisaged in the Treaty of Lisbon; particularly its emphasis on supranational democratic, legal and judicial accountability. As a consequence of this move to ‘de-Lisbonise’ JHA cooperation, fundamental rights and rule of law-related initiatives will be neglected and the interests of the individual will be displaced from the centre of gravity in the coming AFSJ 2020 policy agenda.

Keywords: Justice and Home Affairs, AFSJ, European Council, EU, Area of Freedom, Security and Justice

Suggested Citation

Carrera, Sergio and Guild, Elspeth, The European Council's Guidelines for the Area of Freedom, Security and Justice 2020: Subverting the ‘Lisbonisation’ of Justice and Home Affairs? (July 14, 2014). CEPS Essays. Available at SSRN: https://ssrn.com/abstract=2476887

Sergio Carrera (Contact Author)

Centre for European Policy Studies ( email )

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Radboud University Nijmegen - Faculty of Law ( email )

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London School of Economics & Political Science (LSE)

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