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20 results

  • Introduction - Fundamental Rights at the Core of the EU AFSJ

  • Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
  • Book:
    Fundamental Rights in the EU Area of Freedom, Security and Justice
    Published online:
    06 August 2021
    Print publication:
    29 July 2021, pp 1-18

  • Summary

    The normative consolidation of the Area of Freedom, Security and Justice (AFSJ) and the entry into force of the Charter of Fundamental Rights of the EU (the Charter) has transformed the Union as we know it.

    It is common knowledge that the AFSJ has undergone impressive normative and jurisprudential developments in recent times. An abundance of new instruments were adopted in the years following the entry into force of the Treaty of Lisbon, joining the already vast body of pre-Lisbon secondary law in the various fields covered by the AFSJ: civil and criminal judicial cooperation, as well as matters related to borders, migration and asylum. National authorities and courts have now become, or at least are becoming, well acquainted with the AFSJ acquis, which is shown by the impressive increase in the number of preliminary references made by national courts.

Fundamental Rights in the EU Area of Freedom, Security and Justice
  • Edited by Sara Iglesias Sánchez, Maribel González Pascual
  • Published online:
    06 August 2021
    Print publication:
    29 July 2021
  • The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law.

  • 1 - The Scope of EU Fundamental Rights in the Area of Freedom, Security and Justice

  • from Part I - The General Framework for Fundamental Rights Protection in the AFSJ
  • Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
  • Book:
    Fundamental Rights in the EU Area of Freedom, Security and Justice
    Published online:
    06 August 2021
    Print publication:
    29 July 2021, pp 21-38

  • Summary

    This chapter seeks to identify the particularities of the AFSJ relevant to delineating the scope of the Charter. It outlines the regime governing the application of the Charter pursuant to Article 51(1) and describes how this regime plays out in the AFSJ. It also clarifies the role of other criteria traditionally used to determine scope, such as territorial, personal and temporal considerations. The chapter focuses on some of the particularities affecting the determination of the scope of the Charter in the AFSJ. It is suggested that, more than merely an interesting field to test the general limits of EU fundamental rights, the AFSJ represents a specific area of law that has moved the Charter into a more central position in EU case law, thereby consolidating the role and identity of the CJEU as a fundamental rights court.

  • Constitutional Identity and Integration: EU Citizenship and the Emergence of a Supranational Alienage Law

  • Sara Iglesias Sánchez
  • Journal:
    German Law Journal / Volume 18 / Issue 7 / 01 December 2017
    Published online by Cambridge University Press:
    06 March 2019, pp. 1797-1822
    • Article
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  • This Article examines some central questions concerning the status of EU foreigners—non-EU nationals legally residing in the EU. First, it addresses the peculiarities of the status of EU citizens and the special nature of EU immigration law as the basis for the construction of an EU alienage law. Second, it examines whether and to what extent the emergence of a supranational immigration and alienage law—with a focus on integration—interacts with the broader debate on European and national constitutional identity. Third, the Article analyzes the legal difficulties for the application of the equal treatment principle between EU citizens and EU foreigners taking as a point of reference the different roles of restrictions and conditions based on the notion of integration.