Constitutionalizing Mass Surveillance in the EU: Civil Society Demands, Judicial Activism, and Legislative Inertia
Despite the shock provoked by the Snowden revelations, mass surveillance is still a reality in the EU. However, over the past few years, it has been possible to observe a gradual constitutionalization of these practices. This Article maps the ongoing process of progressively defining the constitutio...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832223001050/type/journal_article |
| _version_ | 1797265493991620608 |
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| author | Edoardo Celeste Giulia Formici |
| author_facet | Edoardo Celeste Giulia Formici |
| author_sort | Edoardo Celeste |
| collection | DOAJ |
| description | Despite the shock provoked by the Snowden revelations, mass surveillance is still a reality in the EU. However, over the past few years, it has been possible to observe a gradual constitutionalization of these practices. This Article maps the ongoing process of progressively defining the constitutional limits and societal affordances of mass surveillance in the EU by focusing on the three main actors who contribute to it. First, this Article presents civil society as the propeller of this trend. Civil society not only advocated for a ban on general surveillance systems in the aftermath of the Snowden revelations, but also promoted a series of strategic litigations to challenge state surveillance practices at national and EU levels. Second, it analyses CJEU case law as the main constitutionalizing engine of this process. The Court pragmatically ascertained that an absolute prohibition of mass surveillance did not appear to be a realistic solution and put significant effort into actively defining the legal boundaries of these practices by striving to find an equilibrium between Member State interests and citizens’ fundamental rights. Third, it considers the approaches taken by national legislators to be a slowing factor. States are still reluctant to incorporate the constitutional standards progressively developed by courts despite the now significant body of judicially created parameters in the field. |
| first_indexed | 2024-04-25T00:45:41Z |
| format | Article |
| id | doaj.art-e5548bc05e99484582137d6a646e4a99 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-04-25T00:45:41Z |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-e5548bc05e99484582137d6a646e4a992024-03-12T05:39:52ZengCambridge University PressGerman Law Journal2071-832212010.1017/glj.2023.105Constitutionalizing Mass Surveillance in the EU: Civil Society Demands, Judicial Activism, and Legislative InertiaEdoardo Celeste0https://orcid.org/0000-0003-1984-4142Giulia Formici1https://orcid.org/0000-0001-5081-1651School of Law and Government, Dublin City University, IrelandDepartment of Law, Politics and International Studies, University of Parma, ItalyDespite the shock provoked by the Snowden revelations, mass surveillance is still a reality in the EU. However, over the past few years, it has been possible to observe a gradual constitutionalization of these practices. This Article maps the ongoing process of progressively defining the constitutional limits and societal affordances of mass surveillance in the EU by focusing on the three main actors who contribute to it. First, this Article presents civil society as the propeller of this trend. Civil society not only advocated for a ban on general surveillance systems in the aftermath of the Snowden revelations, but also promoted a series of strategic litigations to challenge state surveillance practices at national and EU levels. Second, it analyses CJEU case law as the main constitutionalizing engine of this process. The Court pragmatically ascertained that an absolute prohibition of mass surveillance did not appear to be a realistic solution and put significant effort into actively defining the legal boundaries of these practices by striving to find an equilibrium between Member State interests and citizens’ fundamental rights. Third, it considers the approaches taken by national legislators to be a slowing factor. States are still reluctant to incorporate the constitutional standards progressively developed by courts despite the now significant body of judicially created parameters in the field.https://www.cambridge.org/core/product/identifier/S2071832223001050/type/journal_articleMass surveillanceconstitutionalizationcivil societyCJEUlegislators |
| spellingShingle | Edoardo Celeste Giulia Formici Constitutionalizing Mass Surveillance in the EU: Civil Society Demands, Judicial Activism, and Legislative Inertia German Law Journal Mass surveillance constitutionalization civil society CJEU legislators |
| title | Constitutionalizing Mass Surveillance in the EU: Civil Society Demands, Judicial Activism, and Legislative Inertia |
| title_full | Constitutionalizing Mass Surveillance in the EU: Civil Society Demands, Judicial Activism, and Legislative Inertia |
| title_fullStr | Constitutionalizing Mass Surveillance in the EU: Civil Society Demands, Judicial Activism, and Legislative Inertia |
| title_full_unstemmed | Constitutionalizing Mass Surveillance in the EU: Civil Society Demands, Judicial Activism, and Legislative Inertia |
| title_short | Constitutionalizing Mass Surveillance in the EU: Civil Society Demands, Judicial Activism, and Legislative Inertia |
| title_sort | constitutionalizing mass surveillance in the eu civil society demands judicial activism and legislative inertia |
| topic | Mass surveillance constitutionalization civil society CJEU legislators |
| url | https://www.cambridge.org/core/product/identifier/S2071832223001050/type/journal_article |
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