The Instruments of the Former Third Pillar in the Lisbon Era: Towards an Integrated Judicial Control in the Area of Security, Liberty and Justice
| Date | 01 December 2015 |
| DOI | 10.1177/203228441500600411 |
| Author | Alfonso Maria Stile |
| Published date | 01 December 2015 |
| Subject Matter | Session 4: The Ex-“Third Pillar” Instruments in the Lisbon Era: Towards a Full-Fledged Judicial Control in the AFSJ? |
482 Intersentia
THE INSTRUMENTS OF THE FORMER
THIRDPILLAR IN THE LISBON ERA
Towards an Integrated Judicial Control
in the Area of Security, Liberty and Justice*
A M S**
As is w idely kn own, the Tre aty of Lis bon bring s to complet ion the cre ation of t he area
of liberty, security a nd justice – already beg un with the Treaty of Amsterda m –
establishing t hat “the free movement of persons is ensured in conjunc tion with
appropriate measures with respe ct to external border controls, asylum, immigration
and the prevention and combatting of cr ime”(Article3.2 of the Treaty on Europea n
Union).
First of all, it must be pointed out that the a rea of liberty, security and justice is to
be constituted “with respec t for fundamental rig hts and the di erent legal systems
and traditions of the Member States” (Article67 of the Treaty on the Funct ioning of
the European Union). Both these elements are ind ispensable for the creation of a
balanced system. e protection of fu ndamental rights obviously is insepar able from
intervention in matters of secur ity, especially where intervention impinges on
criminal law and procedures, and such protection is f urther con rmed and
strengthened by applicat ion of the Charter of Fundamental Rights of the European
Union. e safegu arding of the judicial traditions of t he Member States, all t he more
elusive from the de nitional point of view, makes it necessar y to take into account the
essential nucleus of principles which t he constitutions set out in this regard, es pecially
in order to limit legislative and judicia l arbitrariness. is last consideration
constitutes, obviously, a much discussed problem area and one subject to di erent
interpretations, which, however, it will not be possible to take into account in these
brief introductory notes.
ere is no doubt that several factors allow us to express a largely positive
judgement on the changes introduced by the Treaty of Lisbon, a nd some of these are
already highl ighted in synthesis in the subject matter of t he present conference (“ e
* is contribution is to be considered an Opinion, with reference to the traditional NJECL division
between Ar ticles and Opinion.
** Emeritus Profes sor of Criminal Law, “La Sapien za” University of Rome.
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