About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

11 Eur. Foreign Aff. Rev. 87 (2006)
The Participation of the Schengen Associates: Inside or outside?

handle is hein.kluwer/eurofa0011 and id is 89 raw text is: European Foreign Affairs Review 11: 87-107, 2006. © 2006 Kluwer Law International. The Participation of the Schengen Associates: Inside or Outside? NICOLE WICHMANN* I Introduction The following contribution deals with the tensions inherent in the simultaneous emergence of an external dimension of the Area of Freedom, Security and Justice (AFSJ) and the internal consolidation of cooperation in this policy field. The argument I seek to advance is that the internal model of cooperation determines the possibilities to include third states irrespective of their form of institutional association with the EU. In this sense the text attempts to show where the limits of the 'Associate status' lie for a non-Member State in terms of participation in the EU's Area of Freedom, Security and Justice. The argument will be illustrated by showing the manner in which the Schengen Associates' privileged access to the EU institutions' has been eroded in the domain of judicial cooperation in criminal matters pursuant to the shift towards mutual recognition. The text pursues a double objective: on the one hand, it attempts to shed light on the functioning of judicial cooperation in the European Criminal Area, and on the other hand, it aims to show how the choice of a system of cooperation impacts upon the EU's interaction with third countries. The analysis of the interplay between the internal and external aspects of cooperation will yield insights into some of the inclusionary and exclusionary dynamics unleashed by the creation of the European Criminal Area. The following assumptions underly this contribution, first, the conduct of relations with third states helps us to better understand some of the fundamental principles underlying European integration in a specific policy area. Second, the choice of a mode of cooperation adopted within the EU has a profound influence on the conduct of relations with the rest of the world. It is believed that the reasons for the EU's choice of a model of cooperation can be found in the internal policy arena, such as the institutional governance in a given policy field, and the Member States' preferences. This text has to be seen in the context of the European Union's efforts to endow itself with the means of becoming an international actor. Beyond doubt Institute of Political Science, University of Berne, Switzerland. Privileged status is shown in J. Monar, 'Justice and Home Affairs in a Wider Europe: the dynamics of inclusion and exclusion', ESRC One Europe or Several?, Programme Working Paper 07/00.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most