La institucionalización de la competencia operativa de la Unión Europea para la gestión y la interoperabilidad de los sistemas informáticos de gran magnitud del Espacio de Libertad, Seguridad y Justicia: eu‐LISA

Abstract

Union agencies represent a step toward the integration of the European Union’s (EU) shared competences where both the Member States» authorities and the Union’s staff collaborate for their implementation. Their institutionalisation requires the delegation of executive powers into a new body’s hands in full respect of the EU Court of Justice’s (CJEU) jurisprudence. The European Union Agency for the Operational Management of Large‐Scale IT Systems in the Area of Freedom, Security, and Justice (eu‐LISA) has been delegated the implementation of freedom, security, and justice Large‐Scale IT systems as well as their forthcoming interoperability. Despite the progressive enhancement of eu‐LISA’s mandate also, but not only, by Regulation (EU) 2018/1726, and the impact that the latter has on people’s fundamental rights, this agency has risen little attention among scholars. This paper analyses the institutionalisation of the EU’s operational competence in the management of Large‐Scale IT systems and their interoperability under eu‐ LISA according to the (revisited) Meroni jurisprudence and the EU data protection framework. The main purpose is to assess whether, in the accomplishment of its tasks, eu‐LISA’s activities might go beyond the limits imposed by the founding Treaties and the resulting EU secondary legislation so that recommendations can be made to shape its mandate