ABSTRACT
The relationship between internal and external policies, powers and competences of the EU is both a descriptive and normative challenge, as has been explored here. This is especially so in the Area of Freedom, Security and Justice (AFSJ). This chapter approaches the internal/external relationship in one case study in a regulatory field.1 EU security, as one specific element of the AFSJ, impacts significantly upon individuals and generates many questions of the rule of law, legal certainty and fundamental rights, and is not so easily captured as a regulatory exercise.2 Regulation often takes into account external and internal limitations of institutional environments and its actors, but this is not dispositive. For example, the EU’s internal security strategy has aimed to target the most urgent security threats facing Europe, such as organised crime, terrorism, cybercrime, the management of EU external borders and civil disasters – seemingly ‘outwards-in’,3 while the ‘European Security Model’ outlines an interdependence between internal and external security in establishing a ‘global security’ approach with third countries.4 There is thus a descriptive challenge of
1 The chapter draws from Elaine Fahey, ‘The EU’s Cybercrime and Cyber-Security Rule-Making: Mapping the Internal and External Dimensions of EU Security’ (2014), 1 EJRR 46. See generally, Florian Trauner, ‘The internal-external security nexus: more coherence under Lisbon?’ (EUISS Occasional Paper No. 89, March 2011): www.iss.europa.eu/uploads/media/op89_The_internalexternal_security_nexus.pdf, accessed 23 December 2015; Florian Trauner and Helena Carrapiço, ‘The external dimension of EU justice and home affairs after the Lisbon Treaty: analysing the dynamics of expansion and diversification’ (2012), 17 EFAR 5.
