E-security and National Parliaments

The (non) Role of National Parliaments in the EU’s AFSJ and the Security Policies on New Technologies

National parliaments’ and the European Parliament’s powers vis-à-vis pillar III and related matters of judicial, police and migration cooperation have been progressively augmented. The draft Reform Treaty constitutionalises further reinforcement especially of (i) the European Parliament’s control powers, and (ii) the time granted for deliberation to national parliaments in respect of EU draft legislation. Collaboration between the two parliamentary layers has improved. This is good for democracy and democratic accountability, but it is insufficient to ensure that liberty and security remain in balance and subject to the democratic control of elected parliamentarians because the practice of information exchange and communication is vulnerable to ICT-led insecurities and practice.

This paper begins by considering the background to ICT information exchange in the EU.. Against this background, it examines the reasons for the inadequacies of institutional fixations with formal, territorial based methods of controlling power. It then examines current scenario of political communication. It concludes with some preliminary ideas on making digi-space amenable, at least in some part, to parliamentary control.