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The Union maintains relations with a large number of third countries. (1.)
The legal framework for these relations includes a large number of legal bases. (2.) while the political framework features a variety of cooperation structures within which the EU engages in dialogue with third countries. (3.)
1. The Union's partner countries
The Union focuses its efforts primarily on dialogue with:
- the applicant countries; (Bulgaria, Croatia, Romania and Turkey)
- the other Western Balkans countries, except Croatia, (Albania, Former Yugoslav Republic of Macedonia, Bosnia-and-Herzegovina, Serbia-and-Montenegro) which occupy a special place in external relations insofar as they have the goal of joining the EU. As part of its action in the area of civilian crisis management, the Union has set up two police missions: the European Union Police Mission (EUPM) in Bosnia-and-Herzegovina and Proxima in the Former Yugoslav Republic of Macedonia; (FYROM)
- Iceland, Norway and Switzerland, which are Schengen partners. Several agreements have been signed, on mutual assistance in judicial matters (Norway and Iceland) and on combating fraud against EU financial interests; (Switzerland)
- its neighbours to the East and South. The Union's action has been restructured and now forms part of the "European Neighbourhood Policy;"
Action plans were signed in 2000 (Russia) and 2001. (Ukraine) The plans, which concern the fight against organised crime (Russia) and justice and home affairs (Ukraine), constitute the general framework for relations with these two countries.
The European Union maintains relations with Central Asian and Southern Caucasus countries. Regional programmes have been developed in the fight against drugs (SCAD) and for border management (BOMCA). A "rule of law" mission (Themis) is currently under way in Georgia.
The Union's dialogue with its southern neighbours comes under the framework of the Euro-Mediterranean partnership. A regional justice and home affairs programme was approved in Valencia on 22 and 23 April 2003.
Plans of action were approved (or are being adopted) in the framework of the ENP. These documents, which give details of the actions between the EU and third countries, include a section called "justice and home affairs."
The United States is a privileged partner to the European Union in all areas related to internal security. (combating terrorism, document forgery, drug trafficking, money laundering, etc.) Agreements were signed on extradition and minor judicial cooperation on 25 June 2003 and on customs cooperation for container security on 22 April 2004.
The Union also maintains relations with the Latin American countries. Issues related to AFSJ are addressed:
- bilaterally under cooperation agreements;
- multilaterally as part of the San José dialogue for the countries of Central America and with the Andean Community. Multilateral dialogue is also held on a wider scale in the Rio Group.
Following the example of its relations with Latin America, the Union maintains "block to block" relations with the Asian countries. Regular Asia-Europe Meetings (ASEM) are held with 10 countries. Annual meetings of directors-general of the national administrations concerned have been held since 2002.
2. The many legal bases
The external aspect of the AFSJ draws on the three pillars:
- The first pillar is related to judicial cooperation in civil, asylum and immigration matters (e.g., the 17 December 2003 Council Decision on conclusion of a readmission agreement with Hong Kong);
- The second pillar concerns foreign policy of joint security (e.g., the 9 December 2004 joint action of the Council on the European Union police mission in Kinshasa);
- The third pillar deals with issues of internal security and judicial cooperation in criminal matters (e.g., proposal for a common position, tabled by the Commission on 8 June 2004, on the transfer of certain data to Interpol)
The external dimension of the area of freedom, security and justice is consequently based on legal instruments under the:
- first pillar, such as association agreements;
- second pillar, such as the agreements referred to in Article 24 of the EC Treaty and unilateral instruments (strategies, actions and common positions);
- third pillar, such as Article 38 agreements.
Article 38 incorporates the provisions of Article 24, giving the European Union the capacity to negotiate international agreements in matters of justice and home affairs.
The external dimension falls within the competence of both the Union and the Communities.
External representation of the EU is a complex question, involving:
- the High Representative for the common foreign and security policy, (CFSP)
- the Commission, for the Community's competences.
The Constitution improves the visibility of the Union's action by abolishing the pillars. From the institutional standpoint, it:
- states that the European Council shall identify the interests and objectives of the Union. It takes strategic decisions under the Union's external action;
- creates a Foreign Ministry charged with conducting the common foreign and security policy and guaranteeing the consistency of the Union's external action.
This effort to maintain a comprehensive view of policy on the external dimension of AFSJ is a constant concern for the Union.
The external dimension is included, moreover, in each point of texts concerning different aspects of the AFSJ.
The Council has also expressed its concern for coherence. The programme states to this effect that "the development of a coherent external dimension of the Union policy of freedom, security and justice is a growing priority."
This coherence appears all the more vital as European players multiply in number on the external scene with the development of different agencies. (Europol, Eurojust and the European Agency for External Border Management)
All the EU policies in fact cover two facets, one internal and one external. The EU is endeavouring to harmonise these two facets. On the matter of asylum, it is organising a series of standards related to the procedure for granting refugee status. At the same time, it is addressing asylum issues jointly with the countries concerned.
The Union is also ensuring consistency between all external facets of the policies related to the AFSJ. To do so:
- The Council presidency is drawing up semi-annually a ‘multi-presidential programme’ in which it gives details of the action to be carried out;
- The institutions are developing coordinating bodies, like the coordinator for the fight against terrorism, and horizontal working groups, like the horizontal working group on drugs (HGD) and the high-level working group on matters of migration. (HLG)
3. The diversity of cooperation structures
In matters of justice and home affairs, the European Union has close contacts with other international organisations, for example:
- the Organisation for Security and Cooperation in Europe (OSCE) and its Office for Democratic Institutions and Human Rights; (ODIHR)
- the International Organization for Migration; (IOM)
- The Hague Congress;
- the Organisation for Economic Cooperation and Development (OECD) and its Financial Action Task Force on Money Laundering; (FATF)
- Interpol;
- the Dublin Group;
- the World Customs Organization. (WCO)
The EU has established close dialogue with the Council of Europe. Half-yearly meetings have been held since 1997 between the Council of European and the Chair of the Council's Article 36 Committee, accompanied by the Commission.
This cooperation concerns both horizontal subjects and specific geographical areas, such as Russia, Ukraine and the Balkans. The EU participates in Council of Europe negotiations on future legal instruments, such as the Protocol to the 1990 Convention on Money Laundering, Seizure and the Confiscation of Proceeds from Crime. The Commission transmitted a common position on this subject to the Council on 26 April 2004.
The EU also takes part in different Council of Europe working groups such as Moneyval, (money laundering) CODEXTER, (terrorism) CATEH, (trafficking in human beings) GRECO (corruption) and the Pompidou Group. (drugs)
With regard to the United Nations, the Union maintains relations with the High Commissioner for Refugees (UNHCR) and the United Nations Office on Drugs and Crime (UNODC). The EU also focuses its action on:
- ratification of the Convention against Transnational Organised Crime and its protocols;
- the negotiation of the draft general convention on international terrorism and the adoption of effective measures to combat this evil;
- continuing dialogue with bodies charged with combating drugs, such as the Commission on Narcotic Drugs and the International Narcotics Control Board (INCB).
The Union also addresses issues relating to immigration or crime in different multilateral organisations, such as the G8 or the Asia-Europe Meeting (ASEM).
Alongside this presence in intergovernmental institutions, the EU maintains regular contacts in matters of justice and home affairs, both bilaterally with third countries and multilaterally through:
- institutionalised dialogue, with Norway and Iceland (Schengen Mixed Committee),
- structured dialogue, with Russia, Ukraine and the Mediterranean countries,
- semi-structured or informal dialogue, with the United States, (under the New Transatlantic Agenda) Canada and the Latin American and Caribbean countries. (LAC)
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