The Externalisation of the EU’s Cybersecurity Regime: The Cyber Diplomacy Toolbox

26 Pages Posted: 4 Oct 2022 Last revised: 13 Dec 2022

See all articles by Yuliya Miadzvetskaya

Yuliya Miadzvetskaya

Université Libre de Bruxelles (ULB)

Ramses A. Wessel

University of Groningen - Faculty of Law

Date Written: July 21, 2022

Abstract

It is often claimed that there is a blurring line between external and internal security in the EU with both being increasingly intertwined. Apart from providing the state of affairs in EU cybersecurity law and policy, the argument of this contribution is that these internal-external links are also visible in a growing tendency towards the externalisation of the EU’s cybersecurity policy. Typical interior policy fields in that area that were tackled through the internal market and the Area of Freedom Security and Justice (AFSJ) legal bases, are now penetrating the field of action of the Common Foreign and Security Policy (CFSP). This tendency towards a growing externalisation of the EU cybersecurity will be demonstrated by analysing the emblematic EU’s Cyber Diplomacy Toolbox and its deterrence instrument: restrictive measures in response to cyber-attacks. Our analysis pinpoints a number of limitations for the EU’s common action under the CFSP, including problems of attribution and evidence collection. Our Article questions whether the CFSP is fit for the digital age and what repercussions cyber threats may have for the future of the EU CFSP and its Cyber Diplomacy Toolbox.

Note: This is the final version of a paper by Yuliya Miadzvetskaya and Ramses A. Wessel, published in European Papers – A Journal on Law and Integration (www.europeanpaper.eu). Available online at: https://www.europeanpapers.eu/en/e-journal/externalisation-eu-cybersecurity-regime-cyber-diplomacy-toolbox.

Keywords: CFSP, Cyber Diplomacy, Cybersecurity, Cyber Sanctions, War in Ukraine, PESCO, Cyberspace

Suggested Citation

Miadzvetskaya, Yuliya and Wessel, Ramses A., The Externalisation of the EU’s Cybersecurity Regime: The Cyber Diplomacy Toolbox (July 21, 2022). 7(1) European Papers 2022, University of Groningen Faculty of Law Research Paper No. 27/2022, Available at SSRN: https://ssrn.com/abstract=4199627

Yuliya Miadzvetskaya (Contact Author)

Université Libre de Bruxelles (ULB) ( email )

CP 132 Av FD Roosevelt 50
Brussels, Brussels 1050
Belgium

Ramses A. Wessel

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

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