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21 - Vulnerability and Fundamental Rights in the Area of Freedom, Security and Justice

from Part V - Cross-Cutting Issues of Fundamental Rights in the AFSJ

Published online by Cambridge University Press:  06 August 2021

Sara Iglesias Sánchez
Affiliation:
Court of Justice of the European Union
Maribel González Pascual
Affiliation:
Universitat Pompeu Fabra, Barcelona
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Summary

Through the introduction of competences in the Area of Freedom, Security and Justice (AFSJ) we are witnessing a progressive ‘vulnerabilisation’ of EU law. This chapter begins by explaining this problematic notion and then highlights the normative effects of vulnerability within the framework of human rights protection in the AFSJ. In particular, it advances the argument that the notion of vulnerability could enhance the effectiveness of human rights protection and raise the hitherto neglected profile of the justice aspect of the AFSJ, encouraging the development of a more sophisticated ethics of Member State duties.

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Publisher: Cambridge University Press
Print publication year: 2021

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