Implementing the Lisbon Treaty : improving the functioning of the EU on justice and home affairs

This Study examines the functioning of EU Justice and Home Affairs (JHA) cooperation in light of the reforms and innovations introduced by the Lisbon Treaty since the end of 2009. It identifies the main challenges and deficits characterising the practical and effective implementation of these transformations and suggests specific ways for the European Parliament to address them. The Study recommends that that any future legislative reform or Treaty change should not promote or enable further differentiation in the next generations of EU AFSJ cooperation. It should neither allow for restricting or 'lowering down' existing EU rights and freedoms enjoyed by European citizens and residents in EU JHA law. The Parliament should give priority to devising a mutual trust-building agenda for EU AFSJ cooperation based on three main policy actions focused on improving and strengthening: First, implementation and evaluation; Second, accountability, transparency and fundamental rights; and third, the rule of law and fundamental rights.