Carrera Sergio

This author's articles

• Implementation of Directive 2004/38 in the context of EU Enlargement: A proliferation of different forms of citizenship?

  21 April 2009
  This paper assesses the impact and potential effects of inadequate domestic transposition of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and the effects of the transitional arrangements secured in the latest rounds of enlargement on the status and practice of European citizenship in an enlarged EU.

• Challenges and Prospects for the EU’s Area of Freedom, Security and Justice: Recommendations to the European Commission for the Stockholm Programme

  21 April 2009
  The upcoming Swedish presidency of the EU will be in charge of adopting the next multi-annual programme on an Area of Freedom, Security and Justice (AFSJ), during its tenure in the second half of 2009. As the successor of the 2004 Hague Programme, it has already been informally baptised as the Stockholm Programme and will present the EU’s policy roadmap and legislative timetable over these policies for the next five years. It is therefore a critical time to reflect on the achievements and shortcomings affecting the role that the European Commission’s Directorate-General of Justice, Freedom and Security (DG JFS) has played during the last five years in light of the degree of policy convergence achieved so far.

• Dilemmas in the Implementation of Directive 2004/38 on the Right of Citizens and Their Family Members to Move and Reside Freely in the EU

  11 March 2009
  This Briefing Paper examines the main dilemmas that prevent EU citizens and their family members from fully enjoying their freedom of movement-related rights on the basis of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

• The Changing Dynamics of Security in an Enlarged European Union

  27 October 2008
  The relation between liberty and security has been highly contestable over the past 10 years in the EU integration process. With the expansion of the EU’s powers into domains falling within the scope of the Area of Freedom, Security and Justice, liberty and its relation to security has brought a new range of issues, struggles and debates. Acts of political violence labelled as ‘terrorism’ and human mobility at the European and international levels have justified the construction of these phenomena as threats to the security and safety of the nation state. They have legitimised the development of normative responses that go beyond traditional configurations and raise fundamental dilemmas for the security and liberty of the individual.

• Ten Issues and Recommendations for the European Parliament Elections on Freedom, Security and Justice

  6 October 2008
  The European Parliament elections taking place on 4-7 June 2009 will provide a unique opportunity for addressing the role and potential of the EU on policies related to an Area of Freedom, Security and Justice (AFSJ). These policies lay at the heart of every citizen’s expectations. This Policy Brief presents ten key issues and policy recommendations for the political parties and their campaign manifestos, in relation to borders, asylum, immigration, data protection and criminal justice.

• The French Presidency’s European Pact on Immigration and Asylum: Intergovernmentalism vs Europeanisation? Security vs Rights?

  16 September 2008
  The intersection between the Commission Communication on a Common Immigration Policy for Europe, another on a Policy Plan on Asylum and the various drafts of the French Presidency’s European Pact on Immigration and Asylum, raises a number of questions: First, what are the nature, context and key issues of the Pact? Does it present anything really new to the current state of affairs in EU law and policy? Second, does the EU really need a pact on immigration and asylum, given the already ongoing processes of Europeanisation surrounding these policy domains?

• The Treaty of Lisbon and the Area of Freedom, Security and Justice: Exceptionalism and Fragmentation in the European Union

  26 May 2008
  The Area of Freedom, Security and Justice (AFSJ) constitutes one of the policies which will be more affected by the new institutional configurations that will be brought about by the Reform Treaty signed in Lisbon on the 13 December 2007 (Treaty of Lisbon). These policies, traditionally denominated as Justice and Home Affairs, have been subject to various criticisms calling for the need to reform and improve their current institutional, legal and procedural structures.

• El Tratado de Lisboa y un Espacio de Libertad, Seguridad y Justicia: Excepcionalismo y Fragmentación en la Unión Europea.

  26 de mayo de 2008
  El Espacio de Libertad, Seguridad y Justicia (ELSJ) se encuentra entre las políticas comunitarias más afectadas por la nueva configuración institucional que será introducida con la entrada en vigor del Tratado de Reforma firmado el 13 de Diciembre del 2007 en Lisboa (Tratado de Lisboa). Estas políticas, tradicionalmente denominadas como de ‘Justicia y Asuntos de Interior’, han sido objeto de sendas críticas poniendo de manifiesto la necesidad de reformar sus actuales estructuras institucionales, jurídicas y procesales.

• What Future for the Area of Freedom, Security and Justice? : Recommendations on EU Migration and Borders Policies in a Globalising World

  18 March 2008
  The President of the European Commission, José Manuel Barroso, has launched a brainstorming exercise about the future policy priorities for the development of the Area of Freedom, Security and Justice (AFSJ). Migration and borders will constitute two of the most relevant policies on which the next EU budget covering the AFSJ beyond 2013 will be focused.

• The Commission’s New Border Package Does it take us one step closer to a ‘cyber-fortress Europe’?

  18 March 2008
  The European Commission presented a new ‘Border Package’ on 13 February 2008, setting out its vision of how to foster the further management of the EU’s external border. Billed in a Commission press release as a «comprehensive vision for an integrated European border management system for the 21st century», one of the key elements of this package is a Communication aimed at establishing an EU entry/exit system registering the movement of specific categories of third country nationals at the external borders of the EU.

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