The Concepts of Non-Domination and Justification in EU Security-Related Context

Abstract

This chapter explores the implications of a non-domination oriented view for understanding EU security regulation. It asks how the non-domination template fits the constitutional legal model, and what it adds for the understanding of the establishment of an ‘Area of Freedom, Security and Justice’ in the specific case of the European Union. The concept of non-domination is commonly seen as one of the most central concepts in republican theory. Therefore, this chapter looks at the relationship between coercion, which is the common term in legal vocabulary for describing force, and the concept of domination in political theory as such. It also discusses the implications of non-arbitrariness and the right to justification in a new security-related context. Specifically, this chapter links the question of security regulation to the longstanding debate in political theory on the connection between freedom and non-domination and to the constitutional debate on the formation of security regulation in Europe.