This study examines the functioning of EU Justice and Home Affairs cooperation in light of the reforms and innovations introduced by the Lisbon Treaty since the end of 2009. It identifies the main challenges and deficits characterising the practical and effective implementation of these transformations and suggests specific ways for the European Parliament to address them. The study recommends that any future legislative reform or Treaty change should not promote or enable further differentiation in subsequent generations of EU AFSJ cooperation. Nor should it permit restricting or ‘lowering’ existing EU rights and freedoms enjoyed by European citizens and residents in EU JHA law. The Parliament should give priority to devising a mutual trust-building agenda for EU AFSJ cooperation based on three main policy actions focused on improving and strengthening: First, implementation and evaluation; Second, accountability, transparency and fundamental rights and third, the rule of law and fundamental rights.
Sergio Carrera is Senior Research Fellow and Head of the Justice and Home Affairs unit at CEPS and Associate Professor, Faculty of Law, University of Maastricht. Elspeth Guild is Senior Associate Research Fellow at CEPS and Jean Monnet Professor ad personam of European Immigration Law at Radboud University Nijmegen and Queen Mary, University of London.
This study was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs at the request of the AFCO Committee of the European Parliament and can also be downloaded from the Parliament’s website
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