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

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?
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.

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