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Our first article, published on January 31, concentrated on whether the U.S. Finally, European individuals could obtain judicial review of an independent redress decision by using the existing Administrative Procedure Act. Second, the President should issue a separate Executive Order providing the necessary investigative powers and giving FIRA’s decisions binding effect across the intelligence agencies and other components of the U.S. Department of Justice should issue a binding regulation creating within that executive agency an independent “Foreign Intelligence Redress Authority” (FIRA). This solution is based on three “building blocks” inspired by methods utilized in U.S. Government create, by non-statutory means, an independent redress authority capable of providing an effective remedy for a European person who believes that her or his rights have been infringed by an intelligence service? In this article we put forward a novel non-statutory solution that could resolve the “redress” problem in the EU/US adequacy negotiations. 16 FEBRUARY 2022/ BY THEODORE CHRISTAKIS, KENNETH PROPP AND PETER SWIREĬan the U.S.

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