British referendum: what impact on justice and home affairs?

The UK already functions according to a system that largely exempts it from the EU's policies in the area of justice and home affairs. If it decided to stay in the European Union following the referendum on 23rd June this specific system of exceptional arrangements would continue to apply. Moreover the arrangement for the UK that was decided during the head of States' and government meeting in February 2016 would be implemented, particularly the measures regarding the free movement of people, on condition that the necessary changes are made to secondary laws.

If the UK exits the EU it will have to define, under the framework of a withdrawal agreement, sectoral agreements to settle, if necessary, its relations with the Union. It might then try to reproduce the selective system as it stands at present in the exercise of its opt-ins under the framework of the European treaties. The EU might in return seek to protect its decision-making autonomy and ensure that its legal control over the UK's respect of its commitments is protected. The latter would no longer be able to influence the content of the Union's laws that it would be obliged to implement under these agreements.