ABSTRACT
The European Union (EU) Internal Security Strategy of the first post-Lisbon legislative cycle and its implementation strategy were striking for their legal taxonomy of ‘internal security’.1 Notably, it included many EU-US Justice and Home Affairs (JHA) measures in its midst, including the EU-US Passenger Name Records (EU-US PNR) Agreements and EU-US Terrorist Financial Tracking Programme (EU-US TFTP) agreements.2 Moreover, it alluded to the success of the EU-US Cyber Security and Cyber Crime Working Group (WGCC) in delivering results so as to warrant further and related internal EU rule-making.3 Far from being fortuitous or gratuitous references in a text, there are many EU security policies currently being pursued which have clear ‘imprints’ of EU-US policies – for example, an EU PNR4 and an EU TFTS,5 mirroring EU-US PNR and EU-US TFTP. Put another way, EU ‘internal’ security readily embraces ‘external’ transatlantic security but similarly EU security rules under development may be said to demonstrate the migratory effects of EU-US legal rules by way of some form of rule transposition or ‘rule-transfer,’ as defined and developed in this account.6 The EU has sought to establish a global approach for
1 Commission Communication, ‘First Annual Report on the implementation of the EU Internal Security Strategy’ COM(2011) 790; Commission Communication, ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe’ COM(2010) 673 final.
