Elaine Fahey

City, University of London - City Law School

Professor of Law

Northampton Square

London, London EC1V OHB

United Kingdom

SCHOLARLY PAPERS

45

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2,463

CITATIONS

2

Scholarly Papers (45)

1.

Does the Emperor Have Financial Crisis Clothes? Reflections on the Legal Basis of the European Banking Authority

Modern Law Review, 2011, vol 74(4), pp. 581-595
Number of pages: 16 Posted: 26 Nov 2010 Last Revised: 09 Dec 2013
Elaine Fahey
City, University of London - City Law School
Downloads 309 (95,378)
Citation 1

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Legal basis for European Banking Authority, Article 114 TFEU, Institutional Structures, Financial Crisis Package

2.

The EU's Cybercrime and Cyber-Security Rule-Making: Mapping the Internal and External Dimensions of EU Security

European Journal of Risk Regulation; vol 1/2014 pp. 46-61, Amsterdam Law School Research Paper No. 2014-05, Amsterdam Centre for European Law and Governance Research Paper No. 2014-02, Postnational Rulemaking Working Paper No. 2014-01
Number of pages: 21 Posted: 24 Jan 2014 Last Revised: 28 May 2014
Elaine Fahey
City, University of London - City Law School
Downloads 295 (100,234)

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EU Security; Cyber rule-making; Risk regulation, Internal and External Security, EU-US relations, NSA affair

3.

Judicial Review of Eurozone Law: The Adjudication of Postnational Norms in EU Courts, Plural - A Casestudy of the European Stability Mechanism

Michigan Journal of International Law, Vol. 34, 2013, Amsterdam Law School Research Paper No. 2013-35, Amsterdam Centre for European Law and Governance Research Paper No. 2013-06, Postnational Rulemaking Working Paper No. 2013-04
Number of pages: 16 Posted: 03 Jul 2013 Last Revised: 28 Jan 2014
Elaine Fahey and Samo Bardutzky
City, University of London - City Law School and University of Ljubljana
Downloads 190 (155,580)

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Postnational law, EMU law, Eurozone law, Adjudication, Courts, Participation, Preliminary reference procedure

4.

Going Back to Basics: Re-Embracing the Fundamentals of the Free Movement of Persons in Metock

Legal Issues of Economic Integration 36, No. 1 (2009): 83-89
Number of pages: 6 Posted: 30 Jun 2012 Last Revised: 27 Feb 2015
Elaine Fahey
City, University of London - City Law School
Downloads 145 (196,451)

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Free movement; EU Citizenship; Citizens Rights Directive; Court of Justice; Judicial activism; Rights proteciton

5.

The EU Emissions Trading Scheme and the Court of Justice: The ‘High Politics’

German Law Journal 2012 Vol. 11, No. 13, Amsterdam Centre for European Law and Governance Research Paper No. 2012-05, Amsterdam Law School Research Paper No. 2012-100
Number of pages: 27 Posted: 24 Nov 2012
Elaine Fahey
City, University of London - City Law School
Downloads 122 (224,982)

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EU External Relations, Global Governance, Court of Justice, Environmental Regulation

6.

Transatlantic Cooperation in Criminal Law

M. Bergström, V. Mitsilegas and T. Konstadinides (eds) Research Handbook on EU Criminal law (Edward Elgar, 2015).
Number of pages: 11 Posted: 19 May 2015 Last Revised: 01 Nov 2015
Elaine Fahey
City, University of London - City Law School
Downloads 106 (249,137)

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EU-US relations; Criminal law; Cooperation; Foreign relations; extradition. Mutual legal assistance, death penalty, cybercrime and security; fundamental rights; secrecy; Europol

7.

Who Got to Adjudicate the EU's Financial Crisis and Why? Judicial Review of the Instruments of a Postnational Legal Order: Adjudicating the Practices of the Eurozone

Forthcoming in The Constitutionalization of European Budgetary Constraints First Edition Maurice Adams, Federico Fabbrini and Pierre Larouche (eds) (Oxford: Hart Publishing, 2014)
Number of pages: 18 Posted: 21 Feb 2014
Samo Bardutzky and Elaine Fahey
University of Ljubljana and City, University of London - City Law School
Downloads 89 (279,514)

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EU Institutional law, Eurozone law & governance, Preliminary reference, Judicial function, Postnationalism

8.

International, European and US Perspectives on the Negotiation and Adoption of the Anti-Counterfeiting Trade Agreement (ACTA)

Currents, International Trade Law Journal (2012), vol. 20(2), pp. 20-44, Forthcoming
Number of pages: 50 Posted: 11 Sep 2012 Last Revised: 18 Apr 2013
Christina Eckes, Elaine Fahey and Machiko Kanetake
Amsterdam Centre for European Law and Governance, City, University of London - City Law School and Utrecht University
Downloads 85 (287,629)

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ACTA, international agreements, EU law, US Constitution, transparency, IP rights, TRIPS, Union acquis

9.

How to Be a Third Pillar Guardian of Fundamental Rights? The Irish Supreme Court and the European Arrest Warrant

European Law Review, 2008 vol 33
Number of pages: 15 Posted: 19 Mar 2011 Last Revised: 14 May 2015
Elaine Fahey
City, University of London - City Law School
Downloads 83 (291,847)

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European arrest warrant, Ireland, Duty of conforming interpretation, fundamental rights

10.

EU Law QUA Global Governance Law? Deciphering Regulatory and Constitutional Competence between EU Environmental Law and Global Governance Special Issue Editorial

German Law Journal, 2012, Forthcoming
Number of pages: 5 Posted: 18 Oct 2012
Elaine Fahey and Ester Herlin-Karnell
City, University of London - City Law School and Uppsala University
Downloads 72 (317,051)

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EU Constitutional law, EU external relations law, International law, Global Governance, Court of Justice of European Union, EU Environmental Standards

11.

Swimming in a Sea of Law: Reflections on Water Borders, Irish (British) Euro Relations and Opting-Out and Opting-In after the Treaty of Lisbon

Common Market Law Review, Vol. 47, No. 3, 2010
Number of pages: 23 Posted: 18 Mar 2011
Elaine Fahey
City, University of London - City Law School
Downloads 69 (324,499)

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Treaty of Lisbon, Opt-outs, Opt-in, Area of freedom, Security and Justice, Schengen Area, Ireland and UK, Common Travel Area, European integration and Ireland

12.

A Constitutional Crisis in a Teacup: The Supremacy of EC Law in Ireland

European Public Law, Vol. 15, No. 4, 2009
Number of pages: 8 Posted: 30 Jun 2012
Elaine Fahey
City, University of London - City Law School
Downloads 68 (327,071)

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13.

Interpretive Legitimacy and the Distinction between 'Social Assistance' and 'Work-Seekers' Allowance': Comment on Vatsouras

(2009) 34 European Law Review 933
Number of pages: 17 Posted: 30 Jun 2012
Elaine Fahey
City, University of London - City Law School
Downloads 61 (345,877)

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14.

Reviewing High Politics A Methodology for the Justiciability of EU-US Legal Relations

Pawlak ed., The EU-US Security and Justice Agenda in Action, (EUISS Chaillot Paper, 2012)., Amsterdam Law School Research Paper No. 2012-60, Amsterdam Centre for European Law and Governance Working Paper Series No. 2012-01, Working Paper on Postnational Rulemaking No. 2012-03
Number of pages: 38 Posted: 25 May 2012 Last Revised: 28 Jan 2014
Elaine Fahey
City, University of London - City Law School
Downloads 54 (366,890)

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European Union Law, EU Foreign Policy, EU-US relations, comparative constitutional law

15.

The EU’s Participation in the Global Legal Order as a Postnational Democracy: Manifestations of Sovereignty

UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 04/2015
Number of pages: 23 Posted: 25 Feb 2015
Elaine Fahey
City, University of London - City Law School
Downloads 53 (369,954)

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Sovereignty, Nation State, EU Law, governance, postnational, transboundary, territoriality, jurisdiction

16.

Introduction: Framing the Actors of Post-National Rule-Making

‘Introduction: Framing the Actors Of Post-National Rule-Making’ In The Actors of Postnational Rule-Making: Contemporary Challenges of European and International Law Edited by Elaine Fahey (Routledge – 2015)
Number of pages: 23 Posted: 18 Feb 2015 Last Revised: 24 Feb 2015
Elaine Fahey
City, University of London - City Law School
Downloads 52 (373,068)

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Postnational rule-making; European Union law; Public International law; Actors; Transnational law

17.

Ireland Report Fide 2012 Questionnaire 3: The Area of Freedom, Security and Justice and the Information Society

FIDE XXV Congress Report 2012
Number of pages: 18 Posted: 30 Jun 2012
Elaine Fahey
City, University of London - City Law School
Downloads 50 (379,537)

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18.

Introductory Chapter: The Subjects and Objects of EU Law: Exploring a Research Platform

Introductory Chapter: The Subjects and Objects of EU Law: Exploring a Research Platform (Cheltenham: Edward Elgar Publishing, Forthcoming)
Number of pages: 16 Posted: 29 Aug 2016
Elaine Fahey and Samo Bardutzky
City, University of London - City Law School and University of Ljubljana
Downloads 48 (386,198)

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EU law, jurisprudence, EU integration, Transformations, Crises, CJEU, EU international relations, public international law, subjects, objects

19.

Damro’s 'Market Power Europe': A Legal Perspective

Discussion remarks: University of Luxembourg Faculty of Law 'EU in the World Lecture Series' 12 June 2014
Number of pages: 4 Posted: 24 Jun 2014 Last Revised: 26 Jun 2014
Elaine Fahey
City, University of London - City Law School
Downloads 48 (386,198)

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EU and Global Governance, EU External Relations, External effects of EU rules; Limits of Internal Market

20.

Transatlantic Relations and the Operation of AFSJ Flexibility

S. Blockmans (ed.) How to Legally Accommodate Variable Geometry in EU External Action? (Brussels, Centre for European Policy Studies, 2013, Forthcoming)
Number of pages: 19 Posted: 14 Jun 2013 Last Revised: 19 Feb 2014
Juan Santos Vara and Elaine Fahey
University of Salamanca and City, University of London - City Law School
Downloads 43 (403,685)

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variable geometry, AFSJ, transatlantic relations, constitutional coherence, flexibility, UK, Ireland, Denmark

21.

Law and Governance as Checks and Balances in Transatlantic Security: Rights, Redress, and Remedies in EU-US Passenger Name Records and the Terrorist Finance Tracking Program

Yearbook of European Law, 2013, pp. 1-21
Number of pages: 20 Posted: 14 Sep 2013 Last Revised: 28 Nov 2013
Elaine Fahey
City, University of London - City Law School
Downloads 42 (407,324)

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22.

The Irish Challenge to the Data Retention Directive: Assessing the Role of Ireland in EU Law Litigation

Number of pages: 10 Posted: 18 Mar 2011
Elaine Fahey
City, University of London - City Law School
Downloads 39 (418,630)

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23.

Jagged-Edged Jigsaw: The Limits of Multi-Speed Integration & Policy Choices of Ireland and the UK

Number of pages: 9 Posted: 26 Nov 2010
Elaine Fahey
City, University of London - City Law School
Downloads 37 (426,681)

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Institutional and Constitutional Law of the EU, Area of Freedom, Security & Justice, Multi-Speed Integration, Ireland and UK, Schengen, Role of Court of Justice

24.

Of One Shotters and Repeat-Hitters: A Retrospective on the Role of the European Parliament in the EU-US PNR Litigation

Forthcoming in B. Davies and F. Nicola (eds.) EU Law Stories (Cambridge: CUP, 2015)
Number of pages: 18 Posted: 19 May 2015
Elaine Fahey
City, University of London - City Law School
Downloads 35 (434,781)

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European Parliament; EU-US PNR; Institutional law; Litigator; Security; CJEU; Transatlantic relations; Justiciability; EU-US relations

25.

EU Foreign Relations Law: Litigating to Incite Openness of EU Negotiations (Case Comment)

European Journal of Risk Regulation 4/2014: pp. 553-556
Number of pages: 6 Posted: 16 Jan 2015 Last Revised: 21 Jan 2015
Elaine Fahey
City, University of London - City Law School
Downloads 35 (434,781)

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EU Foreign Relations; European Parliament; Transparency; EU Third Country Negotiations

26.

Joining the Dots: External Norms, AFSJ Directives and the EU's Role in Global Legal Order

European Law Review, City Law School International and European Law Research Paper (ILERP) 2015/01, Forthcoming
Number of pages: 22 Posted: 22 Aug 2015
Elaine Fahey
City, University of London - City Law School
Downloads 33 (443,104)

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EU law; External Relations; Area of Freedom Security and Justice; Rule-Making; External Norms

27.

On the Benefits of the TTIP Negotiations for the EU Legal Order: A Legal Perspective

Legal Issues of Economic Integration (Special issue on TTIP edited by F Baetens et al), Volume 43:4, pp. 327-340 (2016)
Number of pages: 14 Posted: 16 Aug 2016 Last Revised: 02 Dec 2016
Elaine Fahey
City, University of London - City Law School
Downloads 31 (451,974)

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TTIP, Negotiations, Politicisation, Inter-institutional balance, EU international relations, EU external relations

28.

EU Law and Ireland: On the Measurement of Legal Evolutions through Judicial Activity

Number of pages: 12 Posted: 26 Mar 2013
Elaine Fahey
City, University of London - City Law School
Downloads 29 (461,302)

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Preliminary references, Judicial activity, EU law in national context, Accession

29.

The Court of Justice as Global Governance Actor in EU-US Relations

EUSA Review 2012
Number of pages: 2 Posted: 30 Jun 2012 Last Revised: 31 Jul 2012
Elaine Fahey
City, University of London - City Law School
Downloads 29 (461,302)

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30.

An Analysis of Trends and Patterns in the Irish Courts of Practice and Procedure in 30 Years of Article 234 Preliminary References

Irish Journal of European Law, 5-33, 12 (2004)
Number of pages: 38 Posted: 16 Oct 2012
Elaine Fahey
City, University of London - City Law School
Downloads 24 (487,310)

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31.

The EU Emissions Trading Scheme and the Court of Justice: The 'High Politics' of Indirectly Promoting Global Standards

German Law Journal, November 2012, Forthcoming
Number of pages: 20 Posted: 18 Oct 2012 Last Revised: 21 Feb 2013
Elaine Fahey
City, University of London - City Law School
Downloads 23 (492,726)

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EU External Relations, Global Governance, Court of Justice

32.

National Parliaments and the European Union: The Constitutional Challenge for the Oireachtas and Other Member State Legislatures - Book Review

Common Market Law Review, Vol. 45, No. 4, 2008
Number of pages: 3 Posted: 30 Jun 2012
Elaine Fahey
City, University of London - City Law School
Downloads 20 (509,579)

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33.

Introduction: Institutionalisation Beyond the Nation State: New Paradigms? Transatlantic Relations: Data, Privacy and Trade Law.

Fahey, E. (2018). Introduction: Institutionalisation Beyond the Nation State: New Paradigms? Transatlantic Relations: Data, Privacy and Trade Law. In: E. Fahey (Ed.), Institutionalisation Beyond the Nation State. (pp. 1-27). Cham, Switzerland: Springer International. ISBN 9783319502205
Number of pages: 21 Posted: 13 Jun 2018
Elaine Fahey
City, University of London - City Law School
Downloads 19 (515,320)

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institutionalisation; institutions; trade; data; authority; actors; rule-making; public and private authority

34.

Reflections on the Legal Role of the Irish Parliament (Oireachtas) in EU Affairs after Lisbon

EUI Max Weber Working Paper No. 2012/20
Number of pages: 21 Posted: 25 Oct 2012 Last Revised: 04 Jun 2013
Elaine Fahey
City, University of London - City Law School
Downloads 17 (526,685)

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National Parliaments, EU Institutional Law, Multi-level Governance, Treaty of Lisbon, Ireland

35.

The Global Dimension of the EU’s AFSJ: On Internal Transparency and External Practice

NYU Law School Jean Monnet Centre Working Paper Series 4/2018
Number of pages: 37 Posted: 03 Jan 2019
Elaine Fahey
City, University of London - City Law School
Downloads 5 (597,749)

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European Union, AFSJ, Global, International Relations, Transparency, Law-Making, Data, Migration, PNR

36.

Does the Emperor Have Financial Crisis Clothes? Reflections on the Legal Basis of the European Banking Authority

The Modern Law Review, Vol. 74, Issue 4, pp. 581-595, 2011
Number of pages: 15 Posted: 05 Jul 2011
Elaine Fahey
City, University of London - City Law School
Downloads 2 (621,053)
Citation 1
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On the Use of Law in Transatlantic Relations: Legal Dialogues between the EU and US

European Law Journal, Vol. 20, Issue 3, pp. 368-384, 2014
Number of pages: 17 Posted: 09 May 2014
Elaine Fahey
City, University of London - City Law School
Downloads 1 (664,671)
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On the Use of Law in Transatlantic Relations: Legal Dialogues between the EU and US

European Law Journal, 2014, (Forthcoming)
Posted: 04 Jun 2013 Last Revised: 13 Dec 2013
Elaine Fahey
City, University of London - City Law School

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Transatlantic Relations, EU Rulemaking, Legal Theory, EU External Relations

38.

The Global Reach of EU Law and Brexit: Between Theory and Praxis?

Irish Journal of European Law (2017, Forthcoming)
Posted: 08 Sep 2017
Elaine Fahey
City, University of London - City Law School

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Brexit; European Union law; Global reach; Globalisation; UK rule-taker

39.

The Global Reach of EU Law

The Global Reach of EU law (Routledge, 2016) (monograph) ISBN 9781138696563
Posted: 11 Aug 2017
Elaine Fahey
City, University of London - City Law School

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EU law, Global Governance, International relations, AFSJ, Post-national rule-making, Internal, external policies, European Union, integration, external relations

40.

Legal Perspectives on EU-US JHA Cooperation: The Evolution and Deepening of Transatlantic Cooperation

Forthcoming in The Routledge Handbook of Justice and Home Affairs Research, A Ripoll Servent and Florian Trauner (eds.) (Routledge, 2017)
Posted: 25 Oct 2016
Elaine Fahey
City, University of London - City Law School

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EU-US relations, EU Justice & Home Affairs, Law Enforcement, Mutual Legal Assistance, PNR, Cybercrime

41.

A Postnational Marketplace: Negotiating the Transatlantic Trade and Investment Partnership (TTIP)

Elaine Fahey and Deirdre Curtin (eds.), A Transatlantic Community of Law: Legal Perspectives on the Relationship between the EU and US legal orders (Cambridge University Press, 2014).
Posted: 03 Dec 2013 Last Revised: 04 Feb 2015
Marija Bartl and Elaine Fahey
University of Amsterdam - Centre for the Study of European Contract Law (CSECL) and City, University of London - City Law School

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EU Foreign Relations, Legitimacy, International Relations, Postnational Market, European Commission, Knowledge setting, Parliamentary approval, EU-US relations

42.

Towards a Transatlantic Community of Law? The Use of Law between the EU and US Legal Orders: Questions of Legal Form and Characterisation

Forthcoming in Elaine Fahey and Deirdre Curtin (eds.), A Transatlantic Community of Law: Legal Perspectives on the Relationship between the EU and US legal orders (Cambridge University Press, 2014).
Posted: 30 Nov 2013
Elaine Fahey
City, University of London - City Law School

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EU foreign relations, EU-US relations, Legal theory, Mutual Recognition, Boundaries of legal orders

43.

Going Back to Basics: Re-Embracing the Fundamentals of the Free Movement of Persons in Metock

Posted: 01 Apr 2009
Elaine Fahey
City, University of London - City Law School

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Free movement of persons, EU Citizenship, Article 18 EC, Citizens Rights Directive

44.

How to Be a Third Pillar Guardian of Fundamental Rights? The Irish Supreme Court and the European Arrest Warrant

Posted: 01 Apr 2009
Elaine Fahey
City, University of London - City Law School

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European arrest warrant, Fundamental Rights, Indirect effect, Irish Supreme Court

45.

The Irish Challenge to the Data Retention Directive: Assessing the Role of Ireland in EU Law Litigation

Posted: 11 Feb 2009
Elaine Fahey
City, University of London - City Law School

Abstract:

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