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

22 Pages Posted: 22 Aug 2015

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Date Written: August 21, 2015

Abstract

This article considers how external norms, i.e. instruments of public international law, including but not limited to Conventions, agreements and treaties qua norms ‘internalise’ into 17 proposed and adopted Area of Freedom, Security and Justice (AFSJ) Directives of the last legislative cycle of the EU, from 2009-2014. The article considers select Directives, namely (i) the first EU criminal law directive, (ii) the first AFSJ directive struck down by the Court, (iii) a Directive employing a norm common to internal and external rule-making, (iv) UN Conventions in AFSJ Directives and (v) Directives omitting the promotion of any external norms. The study of the promotion of external norms is argued to reveal much about the relationship between the ‘external’ and ‘internal’ of EU law and policy and the evolution of its AFSJ. The EU’s participation in these external norms is also relevant for the study of the EU’s role in the world.

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

JEL Classification: K00; K31

Suggested Citation

Fahey, Elaine, Joining the Dots: External Norms, AFSJ Directives and the EU's Role in Global Legal Order (August 21, 2015). European Law Review, City Law School International and European Law Research Paper (ILERP) 2015/01, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2648845 or http://dx.doi.org/10.2139/ssrn.2648845

Elaine Fahey (Contact Author)

City, University of London - City Law School ( email )

Northampton Square
London, London EC1V OHB
United Kingdom

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