Differentiated integration and the Brexit process in EU Justice and Home Affairs

EU justice and home affairs (JHA) law has attracted more forms of differentiated integration than any other area of EU law (Stubb 2002; Tuytschaever 1999). They occur as cooperation outside of the EU framework, different specific rules inside the EU framework, use of ordinary enhanced cooperation, as well as special ‘fast-track’ enhanced cooperation rules. There is also a series of special rules applicable to associated non-member states: Norway, Iceland, Switzerland and Liechtenstein. These rules may be relevant when the time comes to develop a framework for the UK’s continued connection with EU law in this field after Brexit. To what extent can the issues raised by Brexit simply be addressed by using the templates already in force as between the EU and non-EU countries? Or will it be necessary to agree an additional set of special rules?