Eric Stein Working Paper No 2/2009
Alicia Hinarejos
Law and Order and Internal Security Provisions in the Area of Freedom, Security and Justice
Cite as
Alicia Hinarejos, "Law and Order and Internal Security Provisions in the Area of Freedom, Security and Justice," Eric Stein Working Paper No. 2/2009, available at http://www.ericsteinpapers.eu/papers/2009-2Abstract
The maintenance of law and order and the safeguarding of internal security are competences at the very core of national sovereignty. It is therefore understandable that, within the framework of an ever more dynamic Area of Freedom, Security and Justice (AFSJ), the Member States have sought to emphasise that neither the EC nor the EU may lay claim to these competences, or regulate the way in which the Member States discharge them. This paper will focus on the judicial review of national measures caught by the ‘law and order and internal security’ AFSJ provisions introduced in the EC, EU and Lisbon Treaties. It will be argued, first, that these provisions are better interpreted as general clauses on the limits of EC/EU law rather than as derogations comparable to those available from the law of the single market. This, however, does not exclude the possibility of review by the ECJ, according to its case-law on other clauses of an analogous nature in the EC Treaty. Finally, it will be shown that Member States have responded to what they perceived as a threatening attitude on the Court’s part by adding, as a second and potentially problematic safeguard, a series of provisions that aim at safeguarding national autonomy by explicitly limiting the jurisdiction of the ECJ and placing all judicial control at national level.Keywords
Area of Freedom, Security and Justice - Third Pillar - Law and Order - Internal Security - State responsibilities - Court of Justice – jurisdiction - Lisbon TreatyYou can download the paper here [pdf]
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