Abstract

The article focuses on the output and incidence of international law in the adopted AFSJ law-making for the period between 2009−14 and 2014−19, with particular emphasis upon asylum and immigration law. The article thus overall shows an initially rising but subsequently falling ‘international’ influence upon EU AFSJ directives and regulations. International law usage is significant even in times of populism or times of crisis-related law-making, particularly as to asylum and immigration law. However, the waning presence of international law also arguably indicates the development of the AFSJ as a booming legal field, where there is an operationalisation of a vast field of new actors, institutions, and systems through EU law. This account demonstrates how the EU shows a tangible intent to permit the influence of international law upon the AFSJ which supports well its general efforts to participate and engage as a global legal actor.

Highlights

  • The Area of Freedom, Security and Justice (AFSJ), which Article 3(2) TEU sets out as an ‘area’, has been gradually ‘regularised’ over time as a legal and institutional space and has a booming legislative agenda since the entry into force of the Treaty of Lisbon, estimated to be approximately 30% of the European Union’s (EU) legislative output.[1]

  • The waning presence of international law arguably indicates the development of the AFSJ as a booming legal field, where there is an operationalisation of a vast field of new actors, institutions, and systems through EU law

  • The article has shown how in the legislation adopted under the AFSJ over two full cycles, a broad variety of trends as to international law is evident and revealing because it provides insight into the EU’s international law activities and its own autonomous development of AFSJ concepts

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Summary

INTRODUCTION

The Area of Freedom, Security and Justice (AFSJ), which Article 3(2) TEU sets out as an ‘area’, has been gradually ‘regularised’ over time as a legal and institutional space and has a booming legislative agenda since the entry into force of the Treaty of Lisbon, estimated to be approximately 30% of the European Union’s (EU) legislative output.[1]. It is uncontroversial to state that the EU increasingly often helps shape, either directly or indirectly, developments at the international level and has an interest in accepting international norms it had a hand in developing In this regard, it is shown in this account how references to international law in preambles to legislation are arguably revealing of the EU’s international ambitions and objectives in an area and informative of the EU’s broader ambitions. This article analyses the use of international law in recitals in all adopted AFSJ legislation and focuses in particular on the area of asylum and immigration law over two full legislative cycles in current times to better understand output. The account provides overall trends and focuses upon both broader AFSJ and more sectoral trends in asylum and immigration law with respect to the EU’s role in the international law cited

ON NUMBERS
ON AREAS OF LAW AND ADOPTED LEGISLATION IN INTERNATIONAL LAW
Rising international law in AFSJ lawmaking
Declining international law in AFSJ law-making
EU PARTICIPATION IN INTERNATIONAL LAW OUTSIDE OF THE AFSJ
UNCLOS
UN Convention on the Protection of the Rights of the Child
Findings
CONCLUSIONS
Full Text
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