Probleem 3 – Denmark extends border control in 2017
What is the Schengen agreement?
What is the Area of Freedom, Security and Justice?
What are the exceptions to these agreements?
Area of Freedom, Security and Justice
Wolff (2011) – Chapter 2: The new governance of justice and home affaires: towards further
supranationalism
The biggest change the Lisbon Treaty has introduced with regard to EU policies concern the Area of Freedom,
Security and Justice (AFSJ). Once started as a simple list of subject matters of common interest, which later
developed into separate regimes for aliens' policies and police/criminal law cooperation, the policy matters of
the Area have now become a unified domain, characterized by a systematic approach, a coherent structure and
a general regime as to decision making.
Treaty context of the AFSJ
In the TEU and the TFEU the AFSJ is referred to in three different places, namely Article 3(2) TEU, Part One
TFEU and Part Three TFEU. In Article 3(2) TEU the Area is introduced as the second objective of the EU. In
Article 4(2)(j) TFEU the Area is qualified as one of the areas where shared competences do exist between the
Union and the Member States. Finally, the substantive provisions of the Area are included in Title V of Part
Three of the Treaty on the Functioning of the European Union.
Principles of the Area
Chapter I of Title V TFEU contains a number of general principles and characteristics of the AFSJ:
- Article 67 TFEU: reflects different dimensions of the Area (like the importance of fundamental rights);
- Article 68 TFEU: refers to the responsibility of the European Council to define the strategic guidelines
for legislative and operational planning within the Area;
- Article 69 TFEU: this article recalls a special role for the national parliaments with respect to the
application of the principle of subsidiarity with regard to criminal law and police cooperation. This
illustrates the importance of the AFSJ for the process of European Integration.
- Article 70 TFEU: concerns the need for an objective and impartial evaluation of the implementation of
the Union policies.
- Article 71 TFEU: refers to the establishment of a standing committee on internal security within the
Council. To objective of such a committee is to ensure that operational cooperation on internal security
is promoted and strengthened within the Union.
- Article 72 TFEU: contains a safeguard clause regarding the responsibility of Member States with regard
to the maintenance of law and order.
- Article 73 TFEU: concern the possibility of cooperation and coordination between the competent
authorities of the Member States responsible for safeguarding national security.
- Article 74 TFEU: refers to the possibility of administrative cooperation between the relevant
departments of the Member States, as well as between the Member States and the Commission.
- Article 75 TFEU: where necessary to prevent and combat terrorism and related activities, this article
prescribes the appropriateness of a framework for administrative measures with regard to capital
movements and payments.
- Article 76 TFEU: underlines that generally speaking the Commission possesses an exclusive right of
initiative also in the domain of the AFSJ.
Border checks, asylum and immigration
Article 77 TFEU deals with control on persons and the crossing of borders (internal and external). The ordinary
legislative procedure is of application, but there is one exception: a special legislative procedure applies when
What is the Schengen agreement?
What is the Area of Freedom, Security and Justice?
What are the exceptions to these agreements?
Area of Freedom, Security and Justice
Wolff (2011) – Chapter 2: The new governance of justice and home affaires: towards further
supranationalism
The biggest change the Lisbon Treaty has introduced with regard to EU policies concern the Area of Freedom,
Security and Justice (AFSJ). Once started as a simple list of subject matters of common interest, which later
developed into separate regimes for aliens' policies and police/criminal law cooperation, the policy matters of
the Area have now become a unified domain, characterized by a systematic approach, a coherent structure and
a general regime as to decision making.
Treaty context of the AFSJ
In the TEU and the TFEU the AFSJ is referred to in three different places, namely Article 3(2) TEU, Part One
TFEU and Part Three TFEU. In Article 3(2) TEU the Area is introduced as the second objective of the EU. In
Article 4(2)(j) TFEU the Area is qualified as one of the areas where shared competences do exist between the
Union and the Member States. Finally, the substantive provisions of the Area are included in Title V of Part
Three of the Treaty on the Functioning of the European Union.
Principles of the Area
Chapter I of Title V TFEU contains a number of general principles and characteristics of the AFSJ:
- Article 67 TFEU: reflects different dimensions of the Area (like the importance of fundamental rights);
- Article 68 TFEU: refers to the responsibility of the European Council to define the strategic guidelines
for legislative and operational planning within the Area;
- Article 69 TFEU: this article recalls a special role for the national parliaments with respect to the
application of the principle of subsidiarity with regard to criminal law and police cooperation. This
illustrates the importance of the AFSJ for the process of European Integration.
- Article 70 TFEU: concerns the need for an objective and impartial evaluation of the implementation of
the Union policies.
- Article 71 TFEU: refers to the establishment of a standing committee on internal security within the
Council. To objective of such a committee is to ensure that operational cooperation on internal security
is promoted and strengthened within the Union.
- Article 72 TFEU: contains a safeguard clause regarding the responsibility of Member States with regard
to the maintenance of law and order.
- Article 73 TFEU: concern the possibility of cooperation and coordination between the competent
authorities of the Member States responsible for safeguarding national security.
- Article 74 TFEU: refers to the possibility of administrative cooperation between the relevant
departments of the Member States, as well as between the Member States and the Commission.
- Article 75 TFEU: where necessary to prevent and combat terrorism and related activities, this article
prescribes the appropriateness of a framework for administrative measures with regard to capital
movements and payments.
- Article 76 TFEU: underlines that generally speaking the Commission possesses an exclusive right of
initiative also in the domain of the AFSJ.
Border checks, asylum and immigration
Article 77 TFEU deals with control on persons and the crossing of borders (internal and external). The ordinary
legislative procedure is of application, but there is one exception: a special legislative procedure applies when
