The external dimensions of the EU area of freedom, security and justice: a constitutional perspective

During the past decade in particular the external relations of the EU have not just concerned the classic areas of international cooperation (‘external action’) of the EU such as trade (Article 205 TFEU), development cooperation (Article 208 TFEU) and foreign security and defence policy (Title V TEU), but have also concerned the sensitive policy terrains covered by the Area of Freedom Security and Justice (hereinafter AFSJ) inter alia related to external border controls, asylum, immigration and the prevention and combating of crime. The purpose of this dissertation was analyse the externalisation of the AFSJ from a constitutional perspective, i.e. by looking at the agreements concluded by the EU in the AFSJ domains through the lenses of the EU’s constitutional foundations. To do so, the following research question was identified: To what extent is the development of the external dimension of the European Union’s Area of Freedom, Security and Justice compatible with the constitutional foundations of the EU? The dissertation is divided in 6 parts and is structured as follows: Part One introduces the topic, research question, existing body of knowledge and methodology. Part Two analyses the legal framework of the EU’s AFSJ and EU external relations law. Parts Three discusses the notion of ‘constitutional foundations’ of the EU legal system. Parts Four, Five and Six contain the substantive analysis of the research in which the different agreements are analysed. Chapter 14 finally brings the dissertation to a close. It answers the main research question and offers some suggestions for further research on the topic of the externalization of the AFSJ.