depillarization, justice and home affairs, the Treaty of Lisbon
This article concerns the Treaty of Lisbon and its impact on the development of the Area
of Freedom, Security and Justice (AFSJ). The background of the study is the discussion
of the so-called pillar structure of the European Union, its dismantling and the features
of the constitution of the EU Justice and Home Affairs (JHA), which have legitimized its
characterization as a special field of integration within the architecture of the Union. The
depillarization is considered to be one of the main achievements of the Treaty of Lisbon.
For this reason, the focus of the article is on the special features of integration in the AFSJ.
It is noted that it would indeed be meaningless to characterize AFSJ as a separate field
of integration. However, there still are remains of the features which made it possible
to consider JHA and the third pillar as different. Pillars continue their life in certain
aspects. The AFSJ mode of integration is still based on a rationale of cooperation. Certain
possibilities for the differentiation indicate the same attitude. Another important point in
the same direction is the status of the individual: for this part the constitution seems not to
be primarily rights-based.