Space of Freedom, Security and Law in the Draft Treaty Establishing a Constitution for Europe
The author in his article deals with the problem of freedom, security and law as they are laid down in the Draft Treaty. The article also monitors the upsurge of the experts discussion concerning the content of the Draft Treaty regarding the fact that even in the case of the equation of the Constitution no principle changes in this sphere are supposed. The author is concerned, after a short genesis, with concrete legislative and legal changes on the contrary to the present state of the arrangement in judiciary and internal affairs in the Treaty of Maastricht.
The problem is considered from the point of view of law, of adopting legislation acts in the individual policies and problems and it specifies concrete changes presented in the text of the Constitution. He comes to the conclusion that even if in the sphere of freedom, security and law there are no essential changes, the proposed arrangement can be assessed as a certain progress, especially from the point of view of the uniformed arrangement of EU institutions and bodies, as well as the standardisation of legal acts and essential legislative procedures even though with a fair number of exceptions in the unanimity of adopting acts. In the last but not least the Constitution brings progress in the unification of the competences of the European Court of Justice and it standardises its competence in this sphere, even with the current provision of the public order and internal security.
On the other hand the author points at the enduring problem with the Schengen material, which is as an exception for three Union member states still included in the protocols annexed to the Constitution.