In the European Area of Freedom Security and Justice (EAFSJ) national legal orders are interconnected, freedom of movement is granted and the same citizenship is shared; moreover individual freedoms and public security are constantly managed as it happens in every legal order of constitutional nature. Preserving the right balance between Freedom and Security is a key element of the modern State and of the european democracy. Moreover even the traditional bond between a citizen and the State territory is progressively weackened by the freedom of movement without checks at the internal borders of the EAFSJ. Thanks to the Court of justice jurisprudence the European Citizenship is strenghtened and could become the founding element of an european civil space.
However, to understand the current evolution of the EAFSJ it is essential to re-discover its historical and philosophical roots which dates back to the enlightment and to the cosmopolitan theory firstly described by Immanuel Kant at the end of the XVIII century. At that time the tension between the State territorial sovereignity and the cosmopolitan perspective was already evident. Since then, it has remained a central element of the legal debates in Germany and Italy until the end of the second world war when the european construction has been prepared. Not surprisingly even after the creation of the European Communities strong nationalist tensions survived in the EU construction and slowed down the creation of an EAFSJ . After the Lisbon treaty, without prejudice of the decision which will be taken by individual countries such as UK and IRL, the ordinary legislative regime and a common legal space will be applicable for all the other EU member States.
Unlike the internal market which required the abolition of the national internal borders the creation of the EAFSJ will result from the common endeavour of Member States and European institutions intertwining the national and the european legal orders. The coexistence in the EAFSJ of european and national legislature will strenghten the protection of fundamental rights and avoid the risk that national policies could hinder the essential values of the EU.