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17 results

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.

  • 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.

  • 2 - A European Standard of Human Rights Protection?

  • 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 39-56

  • Summary

    The coexistence of several layers of fundamental rights with different goals, plus procedures for protecting fundamental rights in the courts that differ in scope, makes for a particularly complex situation. That situation is even more complicated in the Area of Freedom, Security and Justice, since it raises particularly sensitive issues for fundamental rights. Furthermore, the mutual recognition principle implies that decisions taken in one Member State are recognised and executed in any other Member State based on the presumption that all Members States have a sufficient level of fundamental rights protection. Hence, it is of paramount importance to ascertain whether sufficient protection of fundamental rights is guaranteed in the AFSJ, what are its core elements and what are the problems related to its operation in practice. Within that framework, this chapter discusses whether the CJEU is building a European standard of fundamental rights in the AFSJ. To that end, it examines, first, how the CJEU is relying on general principles and secondary law to strengthen the standard of fundamental rights, and second, how that standard is adapted to horizontal cooperation in a scenario of mutual trust.

  • Methods of Interpreting Competence Norms: Judicial Allocation of Powers in a Comparative Perspective

  • Maribel González Pascual
  • Journal:
    German Law Journal / Volume 14 / Issue 8 / 01 August 2013
    Published online by Cambridge University Press:
    06 March 2019, pp. 1501-1521
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  • The comparative constitutional analysis of federalism is particularly complex. On the one hand, “[e]ach federal bargain is in important respects unique to the parties' situation,” in contrast to constitutional provisions asserted to guarantee fundamental rights. On the other hand, “provisions concerning federalism may have different historical meanings in a particular polity, tied in different ways to the political compromises.” In addition, the federal system relies on an “interrelated package of arrangements.” Therefore, no element should be considered isolated from other elements of the federal compromise. As a consequence, in order to compare federalism issues it may be necessary to evaluate “the entire interrelated structure.”