An open and secure Europe? Fixity and fissures in the area of freedom, security and justice after Lisbon and Stockholm

Abstract

The Lisbon Treaty's depillarisation of justice and home affairs (JHA) cooperation represents a major break from the past. It opens the way for the full involvement of the Commission, the European Parliament and the European Court of Justice, an involvement that is bound to influence the substantive scope, and perhaps liberalise, legal and policy output in the years ahead. A different form of cooperation in area of freedom, security and justice institutionally and substantively is digging out its space within the present, security-oriented and traditionally executive-driven architecture. The Stockholm Programme and the proposed Action Plan are a reflection of this. Present in them are aspects of the Hague Programme and the logic of control and surveillance. But there also exist vessels of less ideology-driven policies, pragmatic responses to JHA challenges and respect for citizens' rights, human rights and the rule of law. Whether the latter paradigm, which is wrapped up within the logic of security, remains confined and crammed in the next five years or will be given room to grow remains to be seen.