Reconceptualising the area of freedom, security and justice: a social empathy approach

Abstract

The thesis explores the citizenship and migration discourses within the AFSJ and argues that this area, which functions beyond its legal and geographical frameworks, is a space within which communication and meaning takes place. The inclusive and securitisation narratives around the legal subject of the EU, triggered by the free movement framework, indicate the close connection between the politico-legal structures of the AFSJ with questions on identity. Incorporating elements from Foucault’s notion of power, the thesis argues for a reconceptualisation of the AFSJ by looking at the EU as an entity in motion. Through Aristotle’s concepts of actuality and potentiality the main objectives of the EU are identified placing the individual at the centre of EU law and policy. The thesis argues for a social empathy approach that encompasses reflexivity and recognises vulnerability but also requires acknowledgment of social responsibility. The theoretical aspect is explored through a practical application of social empathy in the context of the Court of Justice.

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