Institutional transformation in the European Union as an example jurisdiction of the Court of Justice in the Area of Freedom, Security and Justice Cover Image

Przemiany instytucjonalne w Unii Europejskiej na przykładzie kompetencji Trybunału Sprawiedliwości w Przestrzeni Wolności, Bezpieczeństwa
Institutional transformation in the European Union as an example jurisdiction of the Court of Justice in the Area of Freedom, Security and Justice

Author(s): Tadeusz Gadkowski
Subject(s): Politics / Political Sciences
Published by: Instytut Zachodni im. Zygmunta Wojciechowskiego
Keywords: European Union; Area of Freedom; Security and Justice; Court of Justice of the European Union; Treaty of Amsterdam; Treaty of Lisbon

Summary/Abstract: The Treaty of Lisbon has introduced some major structural changes within the European Union, one of which was the abolition of its traditional legal architecture: the three-pillar structure. In the first part of the article, the author presents the issue of the Court of Justice’s jurisdiction in the former third pillar and highlights its significant limitations. In this context, the provisions of the Treaty of Amsterdam on the Area of Freedom, Security and Justice (AFSJ) are analyzed. Secondly, the author emphasizes that, in the light of the Treaty of Lisbon, the AFSJ is realized through a variety of European Union instruments. As the jurisdiction of the Court of Justice covers all EU law, cooperation within the AFSJ falls under its competence. Finally, the author underlines some exceptions to this rule.

  • Issue Year: 353/2014
  • Issue No: 04
  • Page Range: 170-184
  • Page Count: 15