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The External Dimension of the European Union’s Area of Freedom, Security and Justice

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Edited By Marise Cremona, Jörg Monar and Sara Poli

During the last decade the rapid growth of justice and home affairs as an internal policy making domain of the European Union has led to the Union emerging as an increasingly important international actor in this field.
This book covers the institutional and legal framework of the external dimension of EU justice and home affairs; issues of policy interaction as well as specific challenges; policy responses and results in the fields of migration policy; judicial cooperation; counter-terrorism; and cooperation with major international partners.
Taking into account the changes introduced by the Treaty of Lisbon as well as the priorities set by the 2010-2014 Stockholm Programme the book provides an in-depth exploration of the political and legal dynamics of a major new dimension of the EU.

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PART TWO. POLICY INTERACTION AND INTERCONNECTION

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PART TWO POLICY INTERACTION AND INTERCONNECTION 119 CHAPTER 3 Channels of Externalisation of EU Justice and Home Affairs Sandra LAVENEX 1. Introduction Cooperation among the EU Member States relating to migration, asylum, or the fight against organised crime has always had an external dimension. Since the 1985 Schengen Agreement and the decision to abolish controls at the internal borders of the Member States, coopera- tion in Justice and Home Affairs (JHA) has been framed as compensato- ry measures for the safeguarding of the common territory’s internal security. The compensation for the abolition of internal border controls was, next to the increased internal coordination of migration policies and police matters, in particular the strengthening of the Union’s exter- nal borders. This focus was reinforced with the demise of the Iron Curtain, and the perception that the migratory phenomena and the security threats addressed through this cooperation would often emanate from the countries surrounding the Union. As a consequence, Member States have sought the collaboration of these countries from the early 1990s onwards. With the progressive rounds of enlargement, the “bor- der” question has moved further eastwards and southwards, thus ex- panding the realm of countries coming into the ambit of the evolving “external dimension” of EU JHA cooperation. This inclusion of third countries in the pursuit of EU internal policy goals has subsequently been conceptualised in the academic literature as “external governance”, a form of expanded cooperation that is based on the projection of the prescriptive scope of EU rules and...

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