Advanced Search
MyIDEAS: Login

Justice and Home Affairs in a Globalised World: Ambitions and Reality in the tale of the EU-US SWIFT Agreement

Contents:

Author Info

  • Marise Cremona
Registered author(s):

    Abstract

    The EU's policy on Justice and Home Affairs has as its objective the establishment of the Union as 'an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States'. How does this essentially internal objective translate into international action? How does the Union respond, in an internal policy field, to external challenges? This paper will assess the ambitions and the reality of the external dimension of the EU's policy of Justice and Home Affairs from two perspectives. The first is the close link between internal and external objectives and policies, and the implications for both EU competence and policy priorities. The second is the progressive constitutionalisation of the JHA field, its transformation from inter-governmental cooperation into a policy domain subject to the political and judicial accountability of ordinary legislative procedures. The paper is structured around a case study of the negotiation, renegotiation and eventual conclusion of the EU-US Agreement on the transfer of financial messaging data for the purpose of combating terrorism (the 'SWIFT' Agreement), and in particular the interplay thereby revealed between (i) different regulatory approaches to data protection in the context of international commercial transactions and the needs of private commercial undertakings; (ii) different (EU) institutional actors in the context of international action against terrorism where the EU needs to be seen as an effective actor and partner of the US; and (iii) the needs of public security and the need to provide against the risk of breaches of individual rights of data protection and privacy through the misuse of security-based powers.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.eif.oeaw.ac.at/downloads/workingpapers/wp2011-04.pdf
    Our checks indicate that this address may not be valid because: 404 Not Found. If this is indeed the case, please notify (Maria Duftner)
    File Function: Full text
    Download Restriction: no

    Bibliographic Info

    Paper provided by Institute for European integration research (EIF) in its series Working Papers of the Vienna Institute for European integration research (EIF) with number 4.

    as in new window
    Length:
    Date of creation: 15 Mar 2011
    Date of revision:
    Handle: RePEc:erp:eifxxx:p0022

    Contact details of provider:
    Web page: http://www.eif.oeaw.ac.at

    Related research

    Keywords: political science; security/internal; competences; accountability; legislative procedure;

    This paper has been announced in the following NEP Reports:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:erp:eifxxx:p0022. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Maria Duftner) The email address of this maintainer does not seem to be valid anymore. Please ask Maria Duftner to update the entry or send us the correct address.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.