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2017, vol. 59, iss. 2, pp. 78-96
Home affairs and justice in the EU's primary law: From Rome to Lisbon
Ministarstvo unutrašnjih poslova Republike Srbije
Keywords: home affairs and justice; sovereignty; area of freedom; security and justice; third pillar of the EU; the EU's law order
Abstract
Home affairs and justice or Area of Freedom, Security and Justice of the European Union is a part of EU law whose roots lie in the economic integration of the European Economic Community's member states. Home affairs and justice joined the European integration in 1970's 'on a low profile' by establishing political cooperation between the member states. Historical development of the home affairs and justice as the core of every state's sovereignty had been accompanied by special particularities, dynamic phases of the development, and continuous 'weighing' of the national powers scope that in time have been conveyed on the European institutions. Today, the Area of Freedom, Security and Justice includes a substantial material part of the acquis communautaire without which further development and survival of the EU is unimaginable. The aim of the research was to observe the beginnings, formation and development of the cooperation in the area of home affairs and justice that nowadays as the Area of Freedom, Security and Justice strongly influences the freedoms, safety and equal legal protection of the EU citizens. The development phases of the home affairs and justice have been mirrored in the transition from extra-institutional to formal cooperation, in restrictions put by the member states on the cooperation, as well as in the final transformation of home affairs and justice into a part of the EU's law with a supranational token and complete authority under the EU's Court. The legal history method, the comparative law method and the method of law norms content analysis, particularly law norms of the Union's primary legislation, have been used in the research. The EU's primary legislation which regulates matter of home affairs and justice is of an extraordinary importance for the negotiation process in the accession of the Republic of Serbia to the EU, being an integral part of the acquis communautaire and included into Chapters 23 and 24 upon which the levels of freedoms, safety and efficient legal protection of the Republic of Serbia's citizens depend to a great extent.
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article language: Serbian
document type: Review Paper
DOI: 10.5937/bezbednost1702078V
published in SCIndeks: 21/12/2017