Suchergebnisse

Exploring the main areas of legal development under the so-called 'Area of Freedom, Security, and Justice' (AFSJ), this book examines the main subject matter of the new AFSJ migration, family reunion, asylum, police co-operation, and cooperation in matters of criminal law and procedure.

This article deals with the question of which state, in the case of overlapping jurisdictions, should investigate, prosecute and try offences in the European area of freedom, security and justice (choice of forum). As binding instruments on the choice of forum currently have no priority for the European legislator, this issue is de facto left largely to the legislative and executive branches of the Member States. Yet the question of whether this Member State discretion is acceptable de iure remains unanswered. This article assesses the relevant EU instruments in light of the requirement of a 'tribunal established by law' (Article 6 ECHR; Article 47 CFR) and addresses the issue of whether this requirement, in addition to its role in the national context, is also of relevance for the AFSJ as a whole. It is submitted that the choice of forum has a clear constitutional dimension, including a prominent role for the national and European judiciary as well. Only if concerns of losing national sovereignty are overcome will it be possible to start the debate on what actions must follow.

The paper explores the connection between the notions of justice and justification, and explains why their full comprehension enhances the legitimacy of the EU's 'Area of Freedom, Security and Justice' (AFSJ) project. The paper argues that the notion of justice, despite its contested nature, offers a helpful lens for viewing the AFSJ as part of the EU constitutional landscape. Nevertheless, we need to go further when investigating its potential as a theoretical device for navigating the future of AFSJ law. This paper contends that we need to analyse the notion of justice in the AFSJ by starting from the position of security as domination. Only by doing so, can we understand the capabilities of the EU for realizing justice and freedom in a largely security driven site. In an attempt to marry these abstract claims with the reality of security regulation in contemporary European law, and as part of the process for establishing democratic credentials within the AFSJ, the paper sets out to link the larger question of justice to one of justification and ultimately that of proportionality in AFSJ law. This discussion paper is part of a series of contributions to the conference "Towards a Grammar of Justice in EU Law', which took place on 6-7 November 2014 at VU University Amsterdam, sponsored by ACCESS EUROPE Amsterdam, VU Centre for European Legal Studies and the Dutch Research Council VENI grant.

EN: Unity and flexibility in the future of the European Union: The challenge of enhanced cooperation. Pp. 87-101

EN: Unity and flexibility in the future of the European Union: The challenge of enhanced cooperation. Pp. 87-101

1. Constitutional life and the area of freedom, security and justice -- 2. Constitutional life and legitimacy -- 3. Public goods as constitutional goods -- 4. The public good of security -- 5. The construction of an area of freedom, security and justice : the practices of constitutional life examined -- 6. Constitutional life and criminal justice -- 7. Conclusion : learning constitutionalism.