Abstract
This chapter outlines the potential impact of Brexit on the UK’s internal security, as well as the EU’s Area of Freedom, Security and Justice, focusing specifically on police and judicial cooperation, and migration, asylum and border issues. Despite the UK’s limited participation in judicial cooperation and migration and asylum policies, there are manifold potential consequences of Brexit in these areas, with the chapter concluding that Brexit holds both positive and negative consequences for the EU in these fields while damaging the UK’s internal security and involving a number of challenges for future cooperation.
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Notes
- 1.
By mid-2017, 24 Member States were expected to be operational for automated data exchange regarding DNA, 22 regarding Fingerprints, and 23 regarding vehicle registration data (Council of the European Union 2017). The UK, which has struggled with technical and data protection problems in the past (Santos 2016), was scheduled to be operational for all three types of exchange in the course of 2017, although in March 2018 that was still not the case (MOPAC 2018).
- 2.
The 2015 Prüm pilot project involved the UK, the Netherlands, France, Spain and Germany.
- 3.
The UK does not participate in the external borders and visa part of the Internal Security Fund either, as this development is based on the provisions of the Schengen acquis, in which the UK does not take part.
- 4.
Problems could emerge as some Member States repealed the domestic legislation that underpinned the Convention (Dawson et al. 2017).
- 5.
As the CJEU ruled that it would then have to opt in to the entirety of Schengen (Peers 2016).
- 6.
This first phase of the Common European Asylum System included the Reception Conditions Directive 2003/9/EC, the Qualification Directive 2004/83/EC and the Asylum Procedures Directive 2005/85/EC. Although the UK takes part in this first stage, it has decided not to opt into the second phase of the Asylum System (including a Qualification Regulation, an Asylum Procedures Regulation, and a Recast Reception Directive (Peers 2016)).
- 7.
Eurodac can currently only be used for criminal investigations if other available databases, including Prüm, have been searched first (European Scrutiny Committee 2017b), which means that future access to Eurodac for law enforcement bodies is also dependent on arrangements regarding these databases.
- 8.
At the December 1975 Council of Ministers’ meeting, the UK Prime Minister proposed that a platform be created to enable Member States to discuss internal security matters. This idea led to the establishment in 1976 of a working group to combat terrorism, exchange best practices and facilitate police cooperation, which would become known as the TREVI group.
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Carrapico, H., Niehuss, A., Berthélémy, C. (2019). The Consequences of Brexit for the UK and for the Area of Freedom, Security and Justice. In: Brexit and Internal Security. Palgrave Studies in European Union Politics. Palgrave Pivot, Cham. https://doi.org/10.1007/978-3-030-04194-6_3
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