ABSTRACT
This chapter focuses on the practices associated with the representation that the goods of freedom, security and justice are to be realised as an area. It traces the contours as to how instrumentalism develops in the legal practices which make a claim to represent the area of freedom, security and justice. The chapter explores how this issue of the construction, and representation, of an area lies precisely on the fault line of the concerns over the constitutional legitimacy of the Area of Freedom, Security and Justice (AFSJ). It also explores the public good of security, to show the precarious 'balance' between instrumental understandings of public goods and constitutional public goods. The representation of the area of freedom, security and justice becomes inextricably bound up with the concerns over security and, in particular, the need to control the migrant population of European Union (EU) citizens and non-citizens.
