Abstract
This essay addresses the fundamental conceptual challenges which face the development of the Area of Freedom Security and Justice (AFSJ) in the post-Lisbon Treaty era. It argues that Onuf style constructivism is a valid lens with which to examine the development of the AFSJ to date, involving as it does the development of a shared understanding by practitioners, predominantly law enforcement and prosecution professionals, within the structures provided for them, in order to develop a completely new area of law and practice. While this approach will continue to need to be deployed in the development of further new operational areas, such as cybercrime, a new approach is now required, that of constitutionalism. A variety of forms of constitutionalism are then examined in order to establish their suitability as a mode of analysis for these developments.
Original language | English |
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Pages (from-to) | 412-423 |
Number of pages | 12 |
Journal | European Law Review |
Volume | 41 |
Issue number | 3 |
Publication status | Published - 30 Jun 2016 |
Keywords
- Area of Freedom Security and Justice
- Constitutional law
- Cybercrime
- EU law
- Jurisprudence
- Law enforcement