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

37 Pages Posted: 3 Jan 2019

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Date Written: December 18, 2018

Abstract

The ‘global’ forms an increasingly regular, active and explicit part of the daily business of the EU. The paper argues that there is a specific mismatch between the commitment to transparency on a daily level in international and external fields and practices of EU law and the actual substantive law-making practice evolving. While the EU’s vision of the global is to a degree the most transparent ever, the converse is not necessarily the case as to its legal content. The global dimension to EU law has increasingly expansive subjects and objectives, in areas of existing strength in global actorness (e.g. trade) and in more evolving competences (e.g. security). It argues that while the EU is a significant soft power in trade, it is arguably less so in the Area of Freedom, Security and Justice (AFSJ) where its global reach becomes more challenging. The relative weakness of the EU’s global approach in the AFSJ is usually or acutely felt by individuals who face challenges in seeking redress increasingly as to aspects of transparency. The paper argues that there is a significant mismatch of internal transparency practices concerning the EU’s global law-making. Ultimately, mismatches between internal procedures and external law-making as to transparency operate adversely upon the global in a variety of ways, e.g. as to transparency and clarity, good administration and territoriality claims taken by individuals. It outlines the express approach to the global in EU policy in (i) migration (ii) passenger name records and the non-express approach to the ‘global’ in EU data protection and data transfers.

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

JEL Classification: K00, K33, K20

Suggested Citation

Fahey, Elaine, The Global Dimension of the EU’s AFSJ: On Internal Transparency and External Practice (December 18, 2018). NYU Law School Jean Monnet Centre Working Paper Series 4/2018. Available at SSRN: https://ssrn.com/abstract=3303441 or http://dx.doi.org/10.2139/ssrn.3303441

Elaine Fahey (Contact Author)

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

Northampton Square
London, London EC1V OHB
United Kingdom

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