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The strengthening of European technological sovereignty and its legal bases in the Treaties

Fahey, E. ORCID: 0000-0003-2603-5300 & Poli, S. (2022). The strengthening of European technological sovereignty and its legal bases in the Treaties (City Law School Research Paper 2022/08). London, UK: City Law School, City, University of London.

Abstract

We show how the European technological sovereignty is evoked to argue that the EU should be more competitive in the global market and fill in its technological gaps. At the same time, this concept has an assertive and defensive dimension in its framing which raises many questions, particularly as to its concreteness and the realisability of its objectives. There are also not inconsiderable legal issues possibly arising from its application in light of its extensive scope. The article demonstrates the complexities of the span of the legal base for technological sovereignty when subjected to scrutiny from a legal perspective. We consider whether the achievement of a Sovereignty Union in the field of technology may or may not face legal obstacles. We examine two Commission proposals for amendments of measures on network security systems and critical infrastructures and show how they aim at enhancing security even if they are adopted pursuant to Article 114 TFEU (internal market harmonisation). Legal challenges to acts of this kind are possible when they are adopted in their legally binding form. We argue that should the Court of Justice confirm their validity, this would imply that the European integration process is advancing.

Publication Type: Monograph (Working Paper)
Additional Information: Copyright 2022 the authors
Publisher Keywords: Technological sovereignty; EU Competence; Internal market; CJEU; legal basis
Subjects: J Political Science > JN Political institutions (Europe)
K Law
T Technology
Departments: The City Law School > Academic Programmes
The City Law School > Institute for the Study of European Laws
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