Autore
Panebianco, Massimo

Titolo
Il regime internazionale dello Spazio europeo di libertà, sicurezza e giustizia
Periodico
Freedom, security & justice (Online)
Anno: 2025 - Fascicolo: 3 - Pagina iniziale: 263 - Pagina finale: 276

The paper analyzes the remote legal foundations of the European Area of Freedom, Security and Justice, established as an objective of the European Union pursuant to Article 3, paragraph 2, of the Treaty on European Union (Treaty of Lisbon, 2007), within the context of a diachronic reading, from late antiquity to the modern era, of the various phases of transformation of the international community, between its Europeanization and universalization. Within this transformation, the phenomenon known as the internationalization and Europeanization of law is examined. The former has led to a significant development of the state's trans territorial powers, while the latter has led to an increase in the protection of individuals. The former function remains inter-state and a guarantee of state public bodies, while the latter concerns: the subjective rights of private individuals and their access to the functions and services provided by common bodies, both administrative and judicial. Twenty-six years have passed since the European Council in Tampere which has established the European Area of Freedom, Security and Justice. The author takes the opportunity to reflect on the evolutionary dynamics that have affected the international community, along with the partial redefinition of its subjects and the reconsideration of the relationships between its legal sources.



SICI: 2532-2079(2025)3<263:IRIDSE>2.0.ZU;2-X
Testo completo: https://www.fsjeurostudies.eu/files/FSJ.3.2025.13.PANEBIANCO.pdf

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