593 Ricard Zapata-Barrero The external dimension of migration policy in the Mediterranean region: premises for normative debate authority.14 External governance is thus defined as the “shifting of the legal boundary beyond institutional integration”, and is interpreted in terms of extra-territorialisation, designating the fact that the EU acquis reaches beyond EU territory to affect third countries, and how these third countries adopt the EU acquis and values in their own legal orders15. In this respect, there is also a conceptual link between “extra- terri-torialisation” and “external governance”. The term extra-territorialisation was proposed by J. Rijpma and M. Cremona16 and covers the means by which the EU attempts to push back its external borders. In other words, how it uses “remote control policies” to control unwanted migration flows. “Extra-territorialisation” includes the way in which the EU and its Member States attempt not only to prevent non-Community nationals from leaving their countries of origin, but also to ensure that if they manage to do so, they remain as close to their country of origin as possible, or in any case outside the EU territory. It furthermore covers measures that ensure that if individuals do manage to enter the EU they will be repatriated or removed to ‘safe third countries’”.17 Based on recent practices by the EU and its Member States, as well as literature on the matter, different forms of extra-territorialisation come under the policy externalisation category: a) Autonomous policy action that requires third countries’ cooperation. Namely, political action taken by a political entity, independently of a third country, which nevertheless impacts on the legal order of that third country and the position of third country nationals outside the territory of the EU. For instance, visa policies or the FRONTEX agency. b) External policy action, such as international agreements and cases where third countries undertake to align their domestic law with the community acquis, or other complex interactions. Examples of this include the immigration liaison officers’ network by regulation, an effective return policy and elaboration of a list of safe countries of origin. c) Promotion of EU acquis amongst third countries in the adoption of their own domestic legal orders. This can be done through formal agreements such as association agreements. 14 LAVENEX, Sandra, “EU External Governance in Wider Europe”, Journal of European Public Policy, vol. 11, no. 4, 2004, pp. 680–700. 15 RIJPMA, Jorrit, and CREMONA, Marise, op cit, 2007. 16 idem. 17 idem.
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