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The EU–UK Trade and Cooperation Agreement Passenger Name Records Provisions: Framing the Effectiveness of Degrees of Legalisation and Institutionalisation

Fahey, E. ORCID: 0000-0003-2603-5300 (2025). The EU–UK Trade and Cooperation Agreement Passenger Name Records Provisions: Framing the Effectiveness of Degrees of Legalisation and Institutionalisation. In: Davies, G. & Carrapico, H. (Eds.), UK-EU Police and Judicial Cooperation Post-Brexit. (pp. 81-94). Oxford, UK: Hart Publishing. doi: 10.5040/9781509966479.ch-007

Abstract

This chapter explores descriptively the recent evolution of PNR law in EU external relations law, evolving into a trade agreement, with a plethora of new actors and 83oversight provisions through the framing of this evolution as degrees of legalisation and institutionalisation. Oversight is a key means to examine these developments, as one of the most important legal issues arising in EU law for PNRs in this period. It considers legalisation in section II, situating PNRs as an evolution of the AFSJ through law initially, moving now in the TCA into a trade agreement. Section III, on institutionalisation, sets out the many actors involved in PNRs oversight, and section IV discusses the early outcomes of that oversight, which appear to indicate unimpressive effectiveness, despite the many layers of governance (which are also non-transparent and difficult to decipher). The chapter concludes, in section V, that PNRs law generally appears to have many shortcomings that are not easily remedied or ameliorated by the TCA, however significant their presence there might be

Publication Type: Book Section
Additional Information: Copyright © Elaine Fahey. Gemma Davies and Helena Carrapico, and contributors severally 2025. This chapter is published open access subject to a Creative Commons Attribution 4.0 licence (CC BY 4.0, https://creativecommons.org/licenses/by/4.0/). You may re-use, distribute, reproduce, and adapt this work in any medium, including for commercial purposes, provided you give attribution to the copyright holder and the publisher, provide a link to the Creative Commons licence, and indicate if changes have been made
Publisher Keywords: Passenger Name Records, Brexit, Trade and Cooperation Agreement, Oversight, Governance, Transparency
Subjects: J Political Science > JN Political institutions (Europe)
J Political Science > JN Political institutions (Europe) > JN101 Great Britain
J Political Science > JX International law
K Law > KD England and Wales
Departments: The City Law School
The City Law School > Academic Programmes
The City Law School > Institute for the Study of European Laws
The City Law School > International Law and Affairs Group
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