Amsterdam Centre for European Law and Governance

The EU's Rule-Making Exercise in Cybercrime and Cyper-Security

The Post-Lisbon Construction of Transnational Sovereignty in Security? Humble Visions, Rich Tools and Plentiful Masters

18Apr2013 14:00 - 15:00


Three years after the entry into force of the Treaty of Lisbon, the European Commission has finally unveiled its Cyber Security Strategy for the EU, along with certain legislative proposals. In her presentation Elaine Fahey will analyze the peculiarities of the developing rule-making in this area.

The Commission purports to begin EU rule-making in this field despite the cooperation by the EU with the US in the area of Cybercrime and Cyber Security for more than two years. However, even though a modernisation of (internal) EU Cybercrime law or any form of over-arching Cybercrime policy has yet to materialise, a new agency has already been created in the area of Cybercrime.

The content, actors and the process of constructing the EU’s Cybercrime and Cyber Security exercises are distinctive from the perspective of EU rule-making, post-Lisbon. The developing rule-making appears to expose the lack of clarity between States and the EU as to competence, displays curiously legal tools and outlines a scattered institutional vision of EU security law.

The hollowness of EU ambitions in security seems apparent in its internal rule-making rather than its external rule-making, despite the richer matrix that the EU treaties invite for the construction of some form of transnational sovereignty in security.

The speaker

Elaine Fahey is postdoctoral researcher at the Amsterdam Centre for European Law and Governance within the overarching project 'The Architecture of Postnational Rulemaking'. 


Attendance is free of charge. For organizational reasons, please sign up for the meeting by sending an email to

Published by  ACELG