Mass Surveillance of Personal Data by EU Member States and its Compatibility with EU Law. CEPS Liberty and Security in Europe No. 61, 6 November 2013

In the wake of the disclosures surrounding PRISM and other US surveillance programmes, this paper assesses the large-scale surveillance practices by a selection of EU member states: the UK, Sweden, France, Germany and the Netherlands. Given the large-scale nature of these practices, which represent a reconfiguration of traditional intelligence gathering, the paper contends that an analysis of European surveillance programmes cannot be reduced to a question of the balance between data protection versus national security, but has to be framed in terms of collective freedoms and democracy. It finds that four of the five EU member states selected for in-depth examination are engaging in some form of large-scale interception and surveillance of communication data, and identifies parallels and discrepancies between these programmes and the NSA-run operations. The paper argues that these programmes do not stand outside the realm of EU intervention but can be analysed from an EU law perspective via i) an understanding of national security in a democratic rule of law framework where fundamental human rights and judicial oversight constitute key norms; ii) the risks posed to the internal security of the Union as a whole as well as the privacy of EU citizens as data owners and iii) the potential spillover into the activities and responsibilities of EU agencies. The paper then presents a set of policy recommendations to the European Parliament.

Structure as Process: The Regularized Intergovernmentalism of Franco-German Bilateralism, CES Germany & Europe Working Papers, No.02.3, 2002

This article systematically scrutinizes the intergovernmental and administrative aspects of Franco- German relations with the 1963 Elysée Treaty at their core. This treaty, together with its various additions and extensions, has defined the basic processes of bilateral interaction between the French and German states. Recurrent tension in Franco-German relations notwithstanding, many observers and participants have viewed France and Germany to be connected particularly closely since the 1960s. This article explores key elements of what it is that links France and Germany. Thereby it clarifies the concept of regularized intergovernmentalism, suggests viewing this specific set of international practices from a social-structural perspective, and evaluates the effects and limits of such regularized procedures. Its findings suggest that bilateral structures have complemented and undergirded a broadly multilateral post-World War II world and are likely to continue to do.

Ties That Bind? The Parapublic Underpinnings of Franco-German Relations as Construction of International Value. CES Germany & Europe Working Papers, No. 02.4, 2002

Beneath the relations among states, and distinct from the exchanges of an autonomous regional or global civil society, there is another set of international practices which is neither public nor private but parapublic. The Franco-German parapublic underpinnings consist of publicly funded youth and educational exchanges, some two thousand city and regional partnerships, a host of institutes and associations concerned with Franco-German matters, and various other parapublic elements. This institutional reality provides resources, socializes the participants of its programs, and generates social meaning. Simultaneously, parapublic activity faces severe limits. In this paper I clarify the concept of “parapublic underpinnings” of international relations and flesh out their characteristics for the relationship between France and Germany. I then evaluate the effects and limits of this type of activity, and relate this paper’s findings and arguments to recent research on transnationalism, Europeanization, and denationalization.