Much Ado About 'Opt-Outs'? The Impact of 'Variable Geometry' in the AFSJ on the EU as a Global Security Actor.

Abstract

The development of the EU qua AFSJ has always been characterised by differentiation and since the Lisbon treaty the AFSJ is characterised by two main models of ‘variable geometry’. While the model chosen by the U.K. and Ireland differs from the Danish one from a formal perspective, the immediate result has the same effect: the three countries abstain from the policies composing the AFSJ (opt-out). In addition, the U.K. and Ireland have the right to adhere to single measures (opt-in) while Denmark participates in some policies by way of public international law. As a result of this, the AFSJ is developing as a fragmented policy. Parallel to its internal developments, the EU has developed an external dimension of the AFSJ in order to secure its neighbourhood and carve itself a role as “Global security actor”. However, one could wonder the extent to which the regional and global ambitions of the EU can be reconciled with the legal constraints affecting the AFSJ from institutional and substantial perspectives. This paper argues that while ‘variable geometry’ poses institutional challenges, the legal implications of ‘variable geometry’ do not create substantive obstacles for the EU to be a “Global security actor”.