Recent and potential future developments in judicial protection in the European Area of Freedom, Security and Justice

Abstract

This issue of ERA Forum focuses on the Area of Freedom, Security and Justice and more particularly on matters relating to Asylum and Immigration (Title IV or the EC Treaty) and Judicial Cooperation in Criminal Matters (Title VI of the EU Treaty). While these subject-matters initially co-habited in the third pillar, they appear, after the Amsterdam Treaty, in different pillars and are consequently governed by different institutional and regulatory frameworks. Notwithstanding being governed by different frameworks, the two subject-matters still share common features that create a special ‘bond’ between them. One such feature is the particular need for protection of rights and fundamental rights because of the specific risk for individual liberties and the right to self-determination in those areas where breaches tend to have serious and far-reaching negative effects on the individual. In a system governed by the rule of law such protection is ultimately ensured by the judiciary and this is also the case in the European Union. This editorial will discuss some topical aspects of the judicial protection of individuals in the matters that are of focus in this edition and it will analyse to what extent these adequately address the need for judicial protection in the relevant fields. It will also address some remaining challenges that need to be met to ensure an adequate judicial protection in matters relating to Asylum and Immigration and Judicial Cooperation in Criminal Matters. It will be argued that the Lisbon Treaty brings about