Law and Governance as Checks and Balances in Transatlantic Security: Rights, Redress, and Remedies in EU-US Passenger Name Records and the Terrorist Finance Tracking Program

Fahey, Elaine

doi:10.1093/yel/yet012

Cited by 17 publications

(6 citation statements)

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“…As the Commission noted there was a dramatic slowdown in air-traffic; according to the Commission, by 31 March 2020 the overall reduction was 86.1% compared to a year earlier (European Commission COM 2020: p148), With ferry, coach and rail transport following suit. But many states were very slow in requiring passengers who continued to travel to provide increased personal information, no doubt relying on existing passenger name record requirements and increased interoperability capacities with other state databases (Fahey 2013;Bigo et al 2020).…”

Section: Ii) Governmentality Of Unease At Work In Management Of the Freedom Of Movement In The Schengen Area During Covid-19 What Is Leftmentioning

confidence: 99%

Obedience in times of COVID-19 pandemics: a renewed governmentality of unease?

2021

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This article transects and articulates different disciplines and lines of thought in order to understand the redefinitions of the boundaries of political power in times of COVID-19, and the practices which may outlive the potential normalisation of the crisis when an efficient vaccine is discovered. We claim that the COVID-19 pandemic is an original form of governmentality by unease articulating three dimensions. First, the basic reaction of modern states when faced with uncertainty is to apply national-territorial logics of controls. Second, bureaucracies consider the virus as a danger to security and organise public health emergencies according to the rules of the game of national security, creating tensions between internal security, public health and the economy because policymakers may be unsure about the priorities and may prioritise border controls. Third, resistance against the chosen national policies show that people are not led by a politics of fear and/or protection, but rather their own concerns about themselves with peer-to-peer surveillance as a key element of their compliance. Contact tracing technologies and strategies of border controls are key elements to analyse. We do so in different contexts: the UK, the EU and Turkey. Key messages <ul><li>The COVID-19 pandemic is an original form of governmentality by unease.</li> <li>The new COVID-19 approach of many Schengen states was to change their measures from ones which block people from travelling to ones which dissuade people from travelling on account of the consequences.</li> <li>The arena of public health provides opportunities for a wide variety to actors to enter the data collection sphere where their actions face less public resistance because of the variable success of the politics of fear project accompanying state measures to fight the pandemic.</li></ul>

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Section: Ii) Governmentality Of Unease At Work In Management Of the Freedom Of Movement In The Schengen Area During Covid-19 What Is Leftmentioning

confidence: 99%

Obedience in times of COVID-19 pandemics: a renewed governmentality of unease?

2021

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“…47 Exercising the power accorded to it by the Lisbon Treaty to provide or withhold consent from international agreements based on Article 218 TFEU, the EP took the view that its consent could not be given to the Agreement amid concerns related to privacy, proportionality and reciprocity. 48 In the words of the EP's press release, "This move renders the text signed between the US and the 27 EU Member states legally void." 49 Following this withholding of consent, amendments were made to the original agreement before being sent back to the European Parliament which duly provided its consent having been satisfied that its concerns had been satisfactorily addressed.…”

Section: Influencing Negotiations and The Withholding Of Consent A) Overviewmentioning

confidence: 99%

What Role for the European Parliament under Article 50 TEU?

Harvey

2017

SSRN Journal

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Following the United Kingdom's vote to leave the European Union in a national referendum there has been much debate over the correct legal process to be followed under both domestic law and the EU Treaties to give effect to this decision. This paper seeks to contribute to these discussions by focusing on an aspect of the withdrawal process which, in the author's view, has not been given full consideration to date; namely, the need for the consent of the European Parliament before any withdrawal agreement may be completed.

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“…The EP's veto of the interim SWIFT Agreement was the first such occurrence after the entry into force of the Lisbon Treaty. While some view this as a stepping stone towards a fortified parliamentary involvement in EU external relations (Monar, , p. 145; Cremona, , p. 25) and a clear sign of EP influence on EU treaty‐making (Vara, , p. 287), others warn that secretive executive behaviour still hinders democratic oversight (Fahey, , p. 371) and that the EP is merely a norm receiver (Servent and Mackenzie, ).…”

Section: Us Online Surveillance: Diplomatic Misconduct As a Channel Fmentioning

confidence: 99%

The Role of the European Parliament and the US Congress in Shaping Transatlantic Relations: TTIP, NSA Surveillance, and CIA Renditions

Jančić

2016

J of Common Market Studies

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This article analyses the manner in which the parliaments of the EU and the US -two key global strategic partners -participate in the shaping of transatlantic relations. The article argues that the European Parliament (EP) and Congress aim not only to influence their executive branches but also to act autonomously in the transnational arena through parliamentary diplomacy. They seek to secure concessions both formally by scrutinizing transatlantic international agreements, such as TTIP, as well as informally by exposing injustices and diplomatic misconduct through human rights advocacy and institutional pressure, such as in the cases of the NSA surveillance and CIA renditions. The article demonstrates that the EP and Congress have created capacities for internal scrutiny and transnational interparliamentary dialogue and that they utilize their consent powers to make claims, condition transatlantic negotiations and gain greater presence, visibility and influence in international affairs.

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Law and Governance as Checks and Balances in Transatlantic Security: Rights, Redress, and Remedies in EU-US Passenger Name Records and the Terrorist Finance Tracking Program

Cited by 17 publications

References 1 publication

Obedience in times of COVID-19 pandemics: a renewed governmentality of unease?

Obedience in times of COVID-19 pandemics: a renewed governmentality of unease?

What Role for the European Parliament under Article 50 TEU?

The Role of the European Parliament and the US Congress in Shaping Transatlantic Relations: TTIP, NSA Surveillance, and CIA Renditions

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