The constitutional structure of Europe's area of 'freedom, security and justice' and the right to justification

Explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications.

At a time when the European borders are under pressure and with the refugee and migration crisis which escalated in 2015 an extreme challenge to tackle and resolve, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ), might seem to be a utopian project.

This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda at present is often advanced through the administrative law path, in contrast to the constitutional trajectory.