Przemiany instytucjonalne w Unii Europejskiej na przykładzie kompetencji Trybunału Sprawiedliwości w Przestrzeni Wolności, Bezpieczeństwa i Sprawiedliwości
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Institutional Changes in the European Union. The Jurisdiction of the Court of Justice of the European Union in the Area of Freedom, Security and Justice
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The Treaty of Lisbon has introduced some major structural changes within the European Union, one of which was the abolition of its traditional legal architecture: the three-pillar structure. In the first part of the article, the author presents the issue of the Court of Justice’s jurisdiction in the former third pillar and highlights its significant limitations. In this context, the provisions of the Treaty of Amsterdam on the Area of Freedom, Security and Justice (AFSJ) are analyzed. Secondly, the author emphasizes that, in the light of the Treaty of Lisbon, the AFSJ is realized through a variety of European Union instruments. As the jurisdiction of the Court of Justice covers all EU law, cooperation within the AFSJ falls under its competence. Finally, the author underlines some exceptions to this rule.
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