Le droit européen de l’espace de liberté, de sécurité et de justice, un 28e droit ?

The Area of Freedom, Security and Justice (AFSJ) forms part of the structural framework of the European Union, notably since the coming into force of the TFEU. The peculiarity of the law in question is that it can be differentiated from 27 distinct other laws, which together sets out the structure of the legal order of the EU. It consequently sets itself as the 28th law. This observation is justified through two distinct as well as complementary perspectives. In the former and more theoretical angle, the law of the AFSL is settled as the 28th law of reunion. It constitutes the expression of a common law to the Member States, which is aimed to be substituted to the 27 national laws to become a sole law. This approach is focused on the common identity that they share, which is the key to the European multiculturalism union. In the latter and more practical perspective, the view of an AFSL law, 28th law in the legal order of the European Union, can be justified through a mathematical and logical “addition”. This analysis which is centered on the jurisdictional mechanism in place, leads to notice that this area, heterogeneous by nature, cannot be assimilated in a permanent and conclusive way to the jurisdictional systems composing this area. AFJS’s law appears to be a coordinative law, creating a movement of network.