Chapter

Freedom, Security, and Justice

Paul Craig

in The Lisbon Treaty

Published in print November 2010 | ISBN: 9780199595013
Published online September 2011 | e-ISBN: 9780191729508 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595013.003.0009
Freedom, Security, and Justice

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The Lisbon Treaty made significant changes to the EU's architecture by removing the Third Pillar and making provision for ‘freedom, security, and justice’ within the main fabric of the Treaty. There has, post-9/11, been much legislation enacted under what was the Third Pillar and Title IV EC. This volume of output is unlikely to change post-Lisbon. It is therefore important to reflect on the Lisbon provisions dealing with ‘freedom, security, and justice’, more especially because measures enacted in this area have been controversial. This chapter begins by examining the introduction of the Three Pillar Structure in the Maastricht Treaty and its subsequent modification in the Treaty of Amsterdam. The discussion then turns to the Lisbon Treaty, and the principles that now govern the Area of Freedom, Security, and Justice (AFSJ), and this is followed by analysis of the general provisions applicable to this area. The remainder of the chapter considers the different component parts of the AFSJ; the strategy throughout being to give a brief exposition of the position pre-Lisbon, to consider the impact of the Lisbon Treaty, and the dualities and tensions that beset each part. The chapter concludes with more general reflections on the purpose of the AFSJ, viewed through the lens of the three major programmes: Tampere, Hague, and Stockholm, which have guided AFSJ policy.

Keywords: Lisbon Treaty; freedom; security; justice; Three Pillar Structure; Maastricht Treaty

Chapter.  20805 words. 

Subjects: EU Law

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