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The Law & Politics of Brexit$
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Federico Fabbrini

Print publication date: 2017

Print ISBN-13: 9780198811763

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198811763.001.0001

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Brexit and the EU Area of Freedom, Security, and Justice

Brexit and the EU Area of Freedom, Security, and Justice

Bespoke Bits and Pieces

(p.183) 9 Brexit and the EU Area of Freedom, Security, and Justice
The Law & Politics of Brexit

Deirdre Curtin

Oxford University Press

UK involvement in the EU Area of Freedom, Security, and Justice (AFSJ) has been patchy. It never joined the Schengen border-free zone, and when in 2014 it exercised a block exit from all AFSJ measures, it selectively rejoined a substantial number. Even if partially outside, the UK has been a leader inside. Advanced intelligence capabilities meant it provided important support to the functioning of agencies such as Europol and UK laws inspired EU laws, for example, on data retention. The need to preserve some pragmatic forms of cooperation between the UK and the EU is obvious and shared by the UK security establishment. There is a partial institutional precedent . When Denmark rejected participation in Europol in a popular referendum, the Danish government obtained a deal from the EU institutions which allows it to remain associated to Europol as a ‘third country’ (and a Member State). The bespoke Brexit reality may prove even more complex.

Keywords:   Brexit, AFSJ, security, police cooperation, differentiation

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