Publication

This paper discusses the political differences that divide the EU and the US regarding the relationship of the individual and the state. It focuses on the Passenger Name Record (PNR) Agreement between the EU and the US, which was declared unlawful by the European Court of Justice (ECJ). The paper outlines the problems of the EU architecture failing to deliver the legal certainty critical to EU foreign relations, the European legal norms on data protection in the light of different US considerations, and the right of the aggrieved individual to a remedy in the case of illegal data processing.