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Justice and Home Affairs in the EU Constitutional Treaty. What Added Value for the ‘Area of Freedom, Security and Justice’?

Published online by Cambridge University Press:  19 May 2005

Jörg Monar
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Abstract

Area of freedom, security and justice. One of the most significant developments in European Integration. Assessment of the contribution of the Constitutional Treaty to further development. Formal abolition of pillar structure partially undermined by special provisions. Relevance of Charter of Fundamental Rights. Union powers strengthened, but likelihood of restrictive interpretation. Revised policy objectives: few new openings, but possibly important implications. Solidarity as a new integration principle. Is majority voting justified in particularly sensitive areas such as police and judicial co-operation in criminal matters? Monstrosity of the emergency-brake procedure. Strengthening of European Parliament and Court of Justice, but not overall. Perspective of enhanced co-operation.

Keywords

Justice and Home AffairsEuropean ConstitutionArea of Freedom Security and JusticePillar StructureCharter of Fundamental RightsPolicy ObjectivesSolidarityPolice Co-operationCriminal Co-operation
Type
Articles
Information
European Constitutional Law Review , Volume 1 , Issue 2 , June 2005 , pp. 226 - 246
Copyright
© Asser Press 2005

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