Constitutional Principles in the Area of Freedom, Security and Justice

Abstract

This chapter starts with the assumption that mainstream EU constitutional principles play an important role for the shaping of the European space of the Area of Freedom, Security and Justice (AFSJ). But what are the constitutional principles in the AFSJ? Are these principles different from the constitutional principles of EU law in general and to what extent do they represent the same values as set out in the Charter of Fundamental Rights? The ambition of this chapter is not so much to fully answer these questions as to highlight the importance of a debate on what principles should form the AFSJ. In addition, the chapter calls for recognition of how critical the AFSJ field is becoming as part of the core of EU constitutional law.