Challenges and complexities in the protection of fundamental rights in the EU’s Area of Freedom, Security and Justice

  • Viljam Engström Åbo Akademi University
  • Mikaela Heikkilä Åbo Akademi University
DOI: https://doi.org/10.18543/ced-53-2015pp107-130
Keywords: EU, fundamental rights, area of freedom, security and justice, coherence

Abstract

It is well known by now that the uneasy coupling of freedom, security and justice in the former third pillar of the European Union often has turned out detrimental to the protection of fundamental rights. In the Area of Freedom, Security and Justice (AFSJ), being one of the most rapidly developing areas of European integration, security matters seem almost by definition to be prioritized over fundamental rights concerns. While the ‘Lisbonization’ of the AFSJ brought with it both institutional and substantive improvements, several fundamental rights challenges still remain. The Treaty of Lisbon can therefore be said to have resulted in something of a dual image in respect of fundamental rights protection. The article aims at identifying the most important current challenges. These challenges range from systemic concerns (such as the coherence of EU action or inadequate mainstreaming of fundamental rights) to more concrete issues (for example, concerning the responsibilities of individual agencies). The article seeks to demonstrate that fundamental rights concerns are present at multiple levels. In addition, the article will consider the impact of certain recent developments in the AFSJ on the protection of rights.

Received: 17 April 2015
Accepted: 17 June 2015
Published online: 15 April 2016

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Author Biographies

Viljam Engström, Åbo Akademi University
Phd Public International Law, Åbo Akademi University
University Teacher in Public International Law
Mikaela Heikkilä, Åbo Akademi University
Phd Public International Law, Åbo Akademi University
Post-doctoral researcher
Published
2015-10-31
How to Cite
Engström, Viljam, and Mikaela Heikkilä. 2015. “Challenges and Complexities in the Protection of Fundamental Rights in the EU’s Area of Freedom, Security and Justice”. Deusto Journal of European Studies, no. 53 (October), 107-30. https://doi.org/10.18543/ced-53-2015pp107-130.
Issue
No. 53 (2015): The European Union’s policy for human rights and democracy support: a critical assessment
Section
Articles

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