The EU’S External Afsj and the Relationship with Third Countries: Lessons Learned from Around the GLOBE Ahead of the Brexit Deal

Since the first reference to the development of an external dimension to the EU’s Area of Freedom, Security and Justice (AFSJ) was made in 1999, the European Council has promoted the EU’s actorness in the external AFSJ with third countries in a plurality of ways. However, the development of this sub-policy does not seem to follow a consistent pattern. Rather, looking at the different agreements concluded to this date, the externalisation of the AFSJ agenda follows other strategic objectives ( transatlantic relations, Schengen associated countries) or policies (the ENP, DevCo or CFSP). The result of this is a fragmented scenario that renders the AFSJ goals ancillary to other external objectives and often at odds with legal certainty and the rule of law, like the recent deal on migration with Turkey suggests. In the light of the above, this paper has a twofold purpose. Firstly, it wishes to provide an analytical framework from which the different agreements with third countries can be studied. Secondly, and on the basis of the existing AFSJ external acquis, the paper will discuss how the EU–UK AFSJ relations will transition from the current variable geometry framework to an international relations one.