Twenty years after Tampere and ten years since the Lisbon Treaty The European area of freedom security and Justice has lost its compass?

Abstract

Summary: 1. Introduction. – 2. What happened in law with the entry into force of the Lisbon Treaty. – 2.1. The protection of EU founding values as pre-condition for mutual trust. – 2.2. Towards an integrated FSJA and a stronger protection of fundamental rights at EU level. – 2.3. Overcoming the EC-EU dualism and some of the institutional problems of the FSJA. – 2.4. When general rules have an exception: opt-out/opt-in countries and enhanced cooperation. – 3. Main texts adopted post-Lisbon and the persistence of intergovernmentalism in the FSJA. – 3.1. Main FSJA texts adopted post-Lisbon. – 3.2. The persistence of intergovernmentalism in the FSJA. – 4. Conclusions and possible improvements in the new legislature (2019-2024).