ABSTRACT
This contribution delves into the legal effects of the withdrawal of the UK from the EU on the external action in the Area of Freedom, Security and Justice (AFSJ), in which the UK enjoyed a particular derogation regime. First, it examines the legal consequences of Brexit on international agreements concluded by the EU in the exercise of its competences under Title V of the TFEU, distinguishing between those agreements which did not bind the UK on the basis of its opt-out regime of the AFSJ and those agreements to which the UK opted in in accordance to Protocols 21 and 19. The different situation of EU-only agreements and mixed agreements is addressed, paying also particular attention to the special nature of association agreements, normally concluded in a mixed form. The contribution then analyses the external margin of manoeuvre the UK enjoys during the transition period, in order to prepare its external action as a non-Member State. Each section starts by shortly explaining the contours and implications of the variable geometry characterising the AFSJ and analyses the applicable provisions of the Withdrawal Agreement between the Union and the UK in force since 1 February 2020, especially those related to the transition period in which Union law, including international agreements, continues to apply in and to the UK.
