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10 - The external dimension of the EU's Area of Freedom, Security and Justice

Published online by Cambridge University Press:  01 June 2011

Ramses A. Wessel
University of Twente
Luisa Marin
University of Twente
Claudio Matera
University of Twente
Christina Eckes
Universiteit van Amsterdam
Theodore Konstadinides
University of Surrey
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The specific nature of the Area of Freedom, Security and Justice

As an international actor the European Union is engaged in a number of legal relations with non-Member States and other international organisations, but the specific domains of the Area of Freedom, Security and Justice (hereinafter AFSJ) cause the EU to act beyond the classic areas of international cooperation (‘external action’) such as trade and development cooperation and foreign security and defence policy. The new projection of the Union as an actor in the fields of the AFSJ, therefore, have raised a series of questions which have been long left unanswered and which – because of the entry into force of the Lisbon Treaty in December 2009 – finally require a sound assessment. Thus, rather than dealing with more classical questions, such as the division of competences between the Union and its Member States, this emerging field of EU action raises questions that are more directly related to the constitutional dimension of the Union, such as ‘the balance between protection of human rights and civil liberties on the one hand and the States' interest in public order, security and migration control on the other’.

The AFSJ was introduced as a policy field by the Treaty of Amsterdam in 1999. It replaced the earlier reference to ‘justice and home affairs’ (JHA) introduced by the Maastricht Treaty. Following the entry into force of the Lisbon Treaty, the AFSJ concept appears as the second Treaty objective in Article 3 TEU.

Crime within the Area of Freedom, Security and Justice
A European Public Order
, pp. 272 - 300
Publisher: Cambridge University Press
Print publication year: 2011

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Martenczuk, B. and Thiel, S. (eds.), Justice, Liberty, Security: New Challenges for EU External Relations (VUB Press/Brussels University Press, 2008)Google Scholar
Cremona, M., ‘EU External Action in the JHA Domain: A Legal Perspective’, EUI Working Papers, LAW No. 2008/24; J. Monar, ‘The EU as an International Actor in the Domain of Justice and Home Affairs9(3) European Foreign Affairs Review (2004) 395–415Google Scholar
Kerchove, G. and Weyembergh, A. (eds.), Sécurité et justice: enjeux de la politique extérieure de l'Union européenne (Editions de l'Université de Bruxelles, 2003)Google Scholar
Peers, S., EU Justice and Home Affairs Law (2nd edn, Oxford University Press, 2006) 1Google Scholar
Walker, N., ‘In Search of the Area of Freedom, Security and Justice: A Constitutional Odyssey’, in N. Walker (ed.), Europe's Area of Freedom Security and Justice (Academy of European Law/European University Institute, 2004) 5CrossRefGoogle Scholar
Monar, J., ‘The Area of Freedom, Security and Justice’, in A. von Bogdandy and J. Bast (eds.), Principles of European Constitutional Law (Hart/C.H.Beck/Nomos, 2010), 551–85, at 556Google Scholar
Fletcher, M., Lööf, R. and Gilmore, B., EU Criminal Law and Justice (Edward Elgar, 2008) 159CrossRefGoogle Scholar
Martenczuk, B., ‘Visa Policy and EU External Relations’, in Martenczuk and van Thiel, Justice, Liberty, Security, 36–42
Schieffer, M., ‘Readmission and Repatriation of Illegal Residents’, in Martenczuk and van Thiel, Justice, Liberty and Security, 89–110
Aust, A., Modern Treaty Law and Practice (Cambridge University Press, 2007)CrossRefGoogle Scholar
Klabbers, J., The Concept of Treaty in International Law (Kluwer Law International, 1996)Google Scholar
Bono, R. Gosalbo, Some Reflections on the CFSP Legal Order' 43 Common Market Law Review (2006) 354–6Google Scholar
Thym, D., ‘Die völkerrechtlichen Verträge der Europäischen Union66 Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (2006) 863Google Scholar
Tomuschat, C., ‘The International Responsibility of the European Union’, in E. Cannizzaro (ed.), The European Union as an Actor in International Relations (Kluwer Law International, 2000) 181Google Scholar
Wessel, R. A, ‘The EU as a Party to International Agreements: Shared Competences? Mixed Responsibilities?’, in A. Dashwood and M. Maresceau (eds.), The Law and Practice of EU External Relations – Salient Features of a Changing Landscape (Cambridge University Press, 2008) 145–80Google Scholar
Wessel, R. A. and Arribas, G. Fernandez, ‘EU Agreements with Third Countries: Constitutional Reservations by Member States’, in S. Blockmans (ed.), The European Union and International Crisis Management: Legal and Policy Aspects (TMC Asser Press, 2008)Google Scholar
Wessel, R. A., ‘Cross-Pillar Mixity: Combining Competences in the Conclusion of EU International Agreements’, in C. Hillion and P. Koutrakos (eds.), Mixed Agreements in EU Law Revisited (Hart Publishing, 2010, forthcoming)Google Scholar
Hillion, C. and Wessel, R. A., ‘Competence Distribution in EU External Relations after ECOWAS: Clarification or Continued Fuzziness?46 Common Market Law Review (2009) 551Google Scholar
Ooik, R. H., ‘Cross-pillar Litigation before the ECJ: Demarcation of Community and Union Competences4 European Constitutional Law Review (2008) 399–419CrossRefGoogle Scholar
Pawlak, P., ‘The External Dimension of the Area of Freedom, Security and Justice: Hijacker or Hostage of Cross-pillarization?31 Journal of European Integration (2009) 25–44CrossRefGoogle Scholar
Curtin, D., ‘The Constitutional Structure of the Union: A Europe of Bits and PiecesCommon Market Law Review (1993) 17–69Google Scholar
Wessel, R. A., ‘The Dynamics of the European Union Legal Order: An Increasingly Coherent Framework of Action and Interpretation5 European Constitutional Law Review, (2009) 117–42CrossRefGoogle Scholar
Christiansen, T., ‘Intra-institutional Politics and Inter-institutional Relations in the EU: Towards Coherent Governance?8 Journal of European Public Policy (2001) 747–69CrossRefGoogle Scholar
Stetter, S., EU Foreign and Interior Policies: Cross-Pillar Politics and the Social Construction of Sovereignty (Taylor & Francis, 2007)Google Scholar
Chiti, E., ‘An Important Part of the EU's Institutional Machinery: Features, Problems and Perspectives of European Agencies’ 46 Common Market Law Review (2009) 1395–442, at 1398Google Scholar
Peers, S., ‘Salvation outside the Church: Judicial Protection in the Third Pillar after the Pupino and Segi Judgments44 Common Market Law Review (2007) 883–929Google Scholar
Vanhoonacker, S. and Reslow, N., ‘The European External Action Service: Living Forwards by Understanding Backwards15 European Foreign Affairs Review (2010) 1–18Google Scholar
Duke, S., ‘Providing for European-level Diplomacy after Lisbon: The Case of the European External Action Service4 The Hague Journal of Diplomacy (2009) 211–33CrossRefGoogle Scholar
Hillion, C. and Wessel, R. A., ‘Restraining External Competences of EU Member States under CFSP’, in M. Cremona and B. De Witte (eds.), EU Foreign Relations Law: Constitutional Fundamentals (Hart Publishing, 2008)Google Scholar
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