In search of the area of freedom, security and justice: A constitutional Odyssey

Pulling together a collection on the continuously increasing body of policy and law under the EU's Area of Freedom, Security, and Justice (AFSJ) is not without difficulties, as this relatively new legal brand is made up of both ‘soft’ and ‘hard’ law. While some of the law involved is new and has resulted from the new institutional promises and competences presented through the Treaty of Amsterdam in 1997, some also resulted from the alarming bequests from the pre-Amsterdam years. Since this may be associated with the ‘third pillar’ of the 1992 Maastricht Treaty, it can be observed that it was derived from informal arrangements that were dominant in initial justice and home affairs. Therefore, this chapter attempts to find both internal and external coherence so that we may be able to determine defining features of the AFSJ. Also, we look into the constitutional dimension of the AFSJ.