A game of chance. The future of the AFSJ
- Autores: Elena E Popa
- Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 1, 2018, págs. 42-49
- Idioma: inglés
- Enlaces
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Resumen
The article offers a critical reflection on the ongoing debate over the “Future of Europe” scenarios envisioned in the European Commission’s White Paper of 1 March 2017. Five potential scenarios are described, which enable a peek into the future, and the article explores whether the European Union’s status quo should change towards a new, ambitious vision or just continue muddling through. The desirability and feasibility of the most favoured scenario (“those who want to do more do more” − a multi-speed Europe) will be tested in the Area of Freedom, Security and Justice (AFSJ). It will be argued that the clash between the three supposedly interlinked notions of freedom, security, and justice is the main obstacle hindering more coherence and uniformity in this area. This will be demonstrated by analysing the “root of the problem,” i.e., prison overcrowding. By taking a closer look at European detention conditions, the impracticability of having a “multi-speed AFSJ” becomes apparent, due to the potential tensions it might create among the Member States and their domestic legal systems. The normative value of this assessment also becomes evident when discussing three (possible) future outcomes. Ultimately, it is up to the EU Member States to choose between the following: a multi-speed AFSJ, a utopian EU criminal law policy, or just a common EU legal culture
