Assessing the EU’s Transatlantic Regulatory Powers Using the Choice of Policy Instruments as Measurement of Preference Attainment

Abstract

To what extent is the European Union (EU) exercising global regulatory power? This article investigates this question through a comparative study of two significant global policy fields: data-protection and banking with a special focus on the choice of policy instruments. Both cases suggest that the actual role of the EU is more complex than either exercising or being subjected to global regulatory power. This concerns not only the relationship between the EU and the member-states. The article suggests that the EU is in a better position to conclude global regulatory deals when the negotiating competencies sit with one EU institutional actor.