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

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Date Written: October 19, 2016

Abstract

Over a decade after the September 2001 (9/11) terrorist attacks, there are many EU-US Justice and Home Affairs (JHA) Agreements in force and under development. It is arguably one of the most active fields of EU-US cooperation, in particular in the area of law enforcement. JHA law-making continues to evolve, through widening and deepening and indeed autonomously now sets a global agenda to some extent. JHA cooperation is in some senses quite law dependent albeit still sharing many of the characteristics of other areas of transatlantic cooperation. The chapter describes the evolution and status quo of many cooperation and integration mechanisms in a variety of areas of JHA. It begins with an overview of the deepening and widening of EU-US JHA (Section 1). It examines the evolution from Extradition and MLA to contemporary cooperation in PNR and the significance of the shifts. Thereafter, there is an analysis of the unfolding of the global approach of EU-US justice and home affairs (Section 2), looking at the areas of PNR and Cybercrime and security, and then the chapter reflects upon a right-centric approach to EU-US JHA (Section 3), followed by concluding reflections.

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

JEL Classification: K00, K33

Suggested Citation

Fahey, Elaine, Legal Perspectives on EU-US JHA Cooperation: The Evolution and Deepening of Transatlantic Cooperation (October 19, 2016). Forthcoming in The Routledge Handbook of Justice and Home Affairs Research, A Ripoll Servent and Florian Trauner (eds.) (Routledge, 2017). Available at SSRN: https://ssrn.com/abstract=2854729

Elaine Fahey (Contact Author)

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

Northampton Square
London, London EC1V OHB
United Kingdom

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