Constructivism, constitutionalism and the EU's area of freedom security and justice post-Lisbon

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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 languageEnglish
Pages (from-to)412-423
Number of pages12
JournalEuropean Law Review
Volume41
Issue number3
Publication statusPublished - 30 Jun 2016

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