Amsterdam Centre for European Law and Governance

ACELG Presentation: Post-National Rulemaking and Justiciability in Global Governance Law: The Case of EU-US Legal Relations

Dr. Elaine Fahey, ACELG

06Dec2011 12:15 - 13:15


Dr. Elaine Fahey, ACELG

In this presentation, Dr. Elaine Fahey will give an outline of her research project on EU-US legal relations.

Despite the waning political importance of the European Union (EU) to the United States (US), transatlantic legal relations are increasing in number in recent times. EU-US legal relations constitute an example of post-national rule-making or more generally, the phenomenon of Global Governance law. A noteworthy feature of EU-US laws governing the data transfer of citizens for counter-terrorism purposes (e.g. Terrorist Finance Tracking Program) is the explicit statement of justiciability therein, a constitutional expression for the application of the rule of law. Currently, post-national rule-making remains mired in an unending quest for legitimacy and even perfection. EU-US relations present an awkward example for post-national rule-making in so far as the objectives of EU-US legal relations are expressly dominated by State-security concerns, but with limited redress for Citizens. Best administrative law practices for counter-terrorism rules have only been evolved in recent times and have yet to impact meaningfully on EU-US legal relations. EU-US legal relations present a dramatic case study of the ostensibly irreconcilable goals of “security” and “justiciability”.

This seminar is organized within the framework of the European Law Master course ‘EU Administrative Law and Governance’ (Dr. Joana Mendes & Dr. Madalina Busuioc).

The project considers EU-US legal relations from three distinct perspectives: (1) The justiciability of EU-US legal relations; (2) The objectives of post-national lawmaking and (3) Best administrative practices in counter-terrorism law and their impact on EU-US legal relations.


Elaine Fahey is a postdoctoral research fellow with ACELG and participates in the project ‘The Architecture of Postnational Rulemaking’ carried out by ACELG together with the Amsterdam Center for International Law (ACIL) and the Centre for the Study of European Contract Law (CSECL). Elaine Fahey previously was a Max Weber Postdoctoral Fellow, European University Institute in 2009–2010; Visiting Max Weber Fellow, European University Institute (Global Governance Program, Robert Schuman Centre for Advanced Studies) in 2010– 2011 and a Lecturer in Law, Dublin Institute of Technology, Ireland.

Venue and registration

Tuesday, 06 December 2011 , 13.15 – 14.15
Oudemanhuispoort 4-6, 1012 CN Amsterdam, room E 1.07

For organizational reasons, please sign up for the meeting by sending an email to A paper by Elaine Fahey on the first part of the project (currently under submission) will be distributed to registered participants.

  • Oudemanhuispoort

    Oudemanhuispoort 4-6 | 1012 CN Amsterdam
    +31 (0)20 525 3361

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