Brexit and Internal Security: Political and Legal Concerns on the Future UK-EU Relationship

196 Pages·2019·2.166 MB·English

by  Helena Carrapico, Antonia Niehuss, Chloé Berthélémy

PALGRAVE STUDIES IN EUROPEAN UNION POLITICS
SERIES EDITORS:
MICHELLE EGAN · NEILL NUGENT · WILLIAM E. PATERSON
Brexit and Internal
Security
Political and Legal Concerns
on the Future UK-EU
Relationship
Helena Carrapico · Antonia Niehuss
Chloé Berthélémy
Palgrave Studies in European Union Politics
Series Editors
Michelle Egan
American University
Washington, USA
Neill Nugent
Manchester Metropolitan University
Manchester, UK
William E. Paterson
Aston University
Birmingham, UK
Following on the sustained success of the acclaimed European Union
Series, which essentially publishes research-based textbooks, Palgrave
Studies in European Union Politics publishes cutting edge research-driven
monographs. The remit of the series is broadly defined, both in terms of
subject and academic discipline. All topics of significance concerning the
nature and operation of the European Union potentially fall within the
scope of the series. The series is multidisciplinary to reflect the growing
importance of the EU as a political, economic and social phenomenon.
Editorial Board:
Laurie Buonanno (SUNY Buffalo State, USA)
Kenneth Dyson (Cardiff University, UK)
Claudio Radaelli (University College London, UK)
Mark Rhinard (Stockholm University, Sweden)
Ariadna Ripoll Servent (University of Bamberg, Germany)
Frank Schimmelfennig (ETH Zurich, Switzerland)
Claudia Sternberg (University College London, UK)
Nathalie Tocci (Istituto Affari Internazionali, Italy)
More information about this series at
http://www.palgrave.com/gp/series/14629
Helena Carrapico · Antonia Niehuss
Chloé Berthélémy
Brexit and Internal
Security
Political and Legal Concerns on the Future
UK-EU Relationship
With contributions by Arantza Gomez Arana, Raphael Bossong, Sophie Carr,
Elaine Fahey, Benjamin Farrand, Massimo Fichera, Daniela Irrera,
Anita Lavorgna, Alex MacKenzie, Camino Mortera-Martinez,
Giacomo Orsini, Maria Grazia Porcedda, Steffen Rieger,
Ariadna Ripoll Servent, Christof Roos,
Anna Sergi, Florian Trauner, Gijs de Vries,
Tim J Wilson, and Sarah Wolff
Helena Carrapico Chloé Berthélémy
Department of Politics and Sciences Po Lille
International Relations Lille, France
Aston University
Birmingham, UK
Antonia Niehuss
School of International Relations
University of St Andrews
St Andrews, UK
Palgrave Studies in European Union Politics
ISBN 978-3-030-04193-9 ISBN 978-3-030-04194-6 (eBook)
https://doi.org/10.1007/978-3-030-04194-6
Library of Congress Control Number: 2018962045
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer
Nature Switzerland AG, part of Springer Nature 2019
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights
of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction
on microfilms or in any other physical way, and transmission or information storage and
retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are
exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and
information in this book are believed to be true and accurate at the date of publication.
Neither the publisher nor the authors or the editors give a warranty, express or implied,
with respect to the material contained herein or for any errors or omissions that may have
been made. The publisher remains neutral with regard to jurisdictional claims in published
maps and institutional affiliations.
Cover illustration: Magic Lens/Shutterstock
This Palgrave Pivot imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
A
cknowledgements
The following book is the result of two projects, whose funders we
would like to thank. The first project, which was financed by the ‘UK
in a Changing Europe’ initiative of the Economic and Social Research
Council and which began shortly before the UK’s referendum on exiting
the European Union, addressed the potential consequences of Brexit for
the UK and EU’s internal security. The authors were particularly con-
cerned by the fact that internal security had scarcely been discussed in the
debate running up to the referendum in June 2016 and wanted to draw
academics and policy-makers’ attention to this area. This first project
allowed for the development of a second project, funded by the British
Academy, which focused on the development of a future UK-EU secu-
rity relationship, its negotiation and the transition/implementation phase
from membership to third country status. We are therefore sincerely
grateful to both the ‘UK in a Changing Europe’ initiative and to the
British Academy for their invaluable support of the present publication.
Furthermore, the authors would like to thank the academic commu-
nity working on EU and UK justice and home affairs; this book was very
much a collective journey. As part of the projects mentioned above, the
authors were able to organise a number of workshops that aimed to reach
out to the academic and policy communities, and the general public.
The present book is the result of academic discussions among UK- and
non-UK-based experts in internal security, feedback on the fears and con-
cerns of the younger UK-based population, and questions and insights
from policy-makers. In this context, we would like to express our most
v
vi ACKNOWLEDGEMENTS
sincere thanks to the academics and practitioners who took part in the
workshops: Ana Aliverti, Arantza Gomez Arana, Alex Balch, Ian Bond,
Raphael Bossong, Caroline Chatwin, Justin Clements, Jon Coaffee,
Anne-Lynn Dudenhoefer, Martin Elvins, Lord Jay of Ewelme, Elaine
Fahey, Ben Farrand, Maria Fletcher, Jamie Gaskarth, Cristina Greco,
Marion Greziller, Line Haidar, Ester Herlin Karnell, Christian Kaunert,
Anita Lavorgna, Alex MacKenzie, Camino Mortera-Martinez, Giacomo
Orsini, Stefania Paladini, Maria Grazia Porcedda, Mohammed Rahman,
Christof Roos, Patrycja Rozbicka, Stephen Rozee, Anna Sergi, Balazs
Szent-Ivanyi, Ed Turner, Matilde Ventrella, Ben Wagner, David Wall,
Auke Willems, Aaron Winter, Uwe Wunderlich and Lucia Zedner.
The authors would also like to acknowledge the Aston Centre for
Europe for providing the necessary structure and support for the devel-
opment of both projects. Last but not least, we would also like to say a
special thanks to Alex MacKenzie for his dedication to this project and
insightful comments, and to Fraser Logan for the excellent linguistic
revision of the book.
We hope that this book can contribute to the academic discussions
on the future UK-EU relationship, as well as inform the development of
future policy positions.
c
ontents
1 Introduction 1
2 The Current UK-EU Internal Security Arrangements 7
3 The Consequences of Brexit for the UK and for the Area
of Freedom, Security and Justice 15
4 Emerging EU and UK Negotiation Positions 41
5 Political and Legal Considerations Regarding
the Negotiation of the Future UK-EU
Security Relationship 51
6 Sectoral Views on Brexit and Future UK-EU Internal
Security Relations 71
7 Sectoral Views on Police and Judicial Cooperation 85
8 Sectoral Views on Migration and Border Cooperation 123
vii
viii CONTENTS
9 Conclusion—Priorities and Considerations for the
Future UK-EU Security Relationship 145
References 149
Index 175
n c
otes on ontributors
Arantza Gomez Arana is a Lecturer in Security and Criminology at
Birmingham City University. Dr. Gomez Arana has published extensively
on European Union External Relations. In particular, her research has
discussed Latin America and Mediterranean relations with the European
Union. She is also a member of the Centre for Brexit Studies at BCU
and is currently writing a book on Brexit and Gibraltar.
Chloé Berthélémy holds a Master’s Degree from Aston University and
Sciences Po Lille in European affairs with a particular focus on European
internal security, notably cybersecurity policies. She has been working
as a research assistant for projects funded by the ESRC and the British
Academy on Brexit and internal security since 2016.
Raphael Bossong is a researcher at the German Institute for International
and Security Affairs, where he focuses on EU Justice and Home Affairs.
His recent publications include Theorising EU Internal Security (OUP)
and EU Borders and Shifting Internal Security (Springer). He holds a
Ph.D. from the London School of Economics.
Sophie Carr is the Associate Head of Department for Applied Sciences
at Northumbria University and a member of the Northumbria Centre
for Evidence and Criminal Justice Studies (NCECJS). Her research
focuses on the application and understanding of expert evidence within
the criminal justice system. Prior to joining Northumbria University,
Sophie was a Senior Forensic Scientist with the Wetherby Laboratory of
ix