The European Charter of Fundamental Rights and the Area of Freedom, Security and Justice

Abstract

This Chapter explores the many innovations introduced by the Lisbon Treaty in the Area of Freedom, Security and Justice (hereafter AFSJ) in order to assess the potential of Art. 6 TEU, insofar as it grants the EU Charter of Fundamental Rights a binding force. After considering the scope of the relevant new provisions, the author reviews the criticalities emerging in three particularly sensitive areas: due process, judicial review and data protection. The significant changes introduced by the Lisbon Treaty concerning the nature of the Charter, the abolition of the pillar structure and the application of the ordinary legislative procedure, are believed to have a highly positive impact on the external dimension of the AFSJ. However, a number of factors are likely to compromise the Union’s ability to act consistently and to speak with one voice on the international scene. Some recommendations are formulated in order to address the problems resulting therefrom.