Networked Enforcement in the Common Fisheries Policy through Data Sharing: Is There Room Left for Traditional Accountability Paradigms?

Abstract

The Common Fisheries Policy (CFP) is one of the ever-increasing policy areas that have witnessed the creation of forms of “networked enforcement”, meaning enforcement structures in which several national and EU authorities cooperate. Amongst those are a number of legal requirements and applications for sharing data on fisheries between national and European competent authorities. This form of networked enforcement casts some questions as regards the existence of corresponding accountability mechanisms, which serve to legitimate the enforcement activities in the CFP. The aim of this paper is to examine the networked enforcement mechanisms arising from the CFP, with a special focus on the data-sharing activities and the role of European Fisheries Control Agency as pivotal to the cooperation between national authorities, with a view to assessing the gaps of accountability arising from them, and analysing the possible alternative ways to provide the enforcement phase with legitimacy.

When the EU takes the field. Innovative forms of regulatory enforcement in the fisheries sector

“…Another such step towards a more verticalized enforcement, putting the agency at the centre of it, was brought in 2009 with the adoption of Council Regulation 1224/2009, 8 establishing an EU-wide control system for ensuring compliance with the CFP. According to the new framework, EFCA was granted both direct enforcement powers (see infra) and an enhanced role in fostering cooperation between MS regarding those enforcement activities upon which they remain competent (Cacciatore and Eliantonio 2019a).…”