Makarukha Z. Legal Principles of the Establishment and Development of the Area of Freedom, Security and Justice within the European Union.

One of a fundamental objectives of the European Union is to offer its citizens the Area of Freedom, Security and Justice without internal borders. Since the Tampere Council Conclusions of October 1999, this area has witnessed a rapid expansion in the legislative and executive activity showing a growing commitment to collective EU-wide action. The Concept of the "Area of freedom, security and justice" was determined in the Amsterdam Treaty of 1997 but it had few negative sides. First of all, member states had to agree unanimously in order to make most decisions, which made policy-making tortuously long. Moreover, the EU treaties’ confusing legal structure spreaded JHA policies across all three Union’s ‘pillars’ and applied different procedures to the policy-making in each pillar. These factors made it difficult for the Union to achieve one of its priority goals – to create an open and secure Europe which serves its citizens. The situation is changing pursuant to the Lisbon Treaty 2007, which lays a stronger foundation for the area of freedom, security and justice. The Union applies only one procedure when it makes JHA laws and policies, which should make policy-making faster and more coherent. The requirement to use qualified majority voting rather than unanimity when voting on most AFSJ legislation should speed up decision-making. Strengthening the role of the European Parliament in AFSJ law-making will enhance democratic scrutiny of JHA decisions. Extending the jurisdiction of the European Court of Justice to cover AFSJ will strengthen the rule of law at the EU level. Incorporation the Charter of Fundamental Rights and codification of the other rights and principles of Union law will promote the formal protection of citizens’ rights. Bringing the emerging European police office Europol within the EU’s treaty framework means the Union could monitor and reform it more easily. The AFSJ consists of free components, each of them creates its own system taking into consideration historical and legal basis of theirs development. The Area of freedom includes free movement of the EU citizens, development of the EU Immigration Policy and establishment of common European Asylum System, as well as integrative border management.