Journal article

Publication details

Depillarization and the shaping of AFSJ
in journal: Maastricht Journal of European and Comparative Law

Volume number: 18
Issue number: 3
Release year: 2011
Page range: 275-302

Author(s) details

Janne Salminen

Publication description

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.