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Unsteady foundations?
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This book examines the underlying foundations on which the European Union's counter-terrorism and police co-operation policies have been built since the inception of the Treaty on European Union, questioning both the effectiveness and legitimacy of the EU's efforts in these two security areas. Given the importance of such developments to the wider credibility of the EU as a security actor, it adopts a more structured analysis of key stages of the implementation process. These include the establishment of objectives, both at the wider level of internal security co-operation and in terms of both counter-terrorism and policing, particularly in relation to the European Police Office, the nature of information exchange and the ‘value added’ by legislative and operational developments at the European level. The book also offers a more accurate appraisal of the official characterisation of the terrorist threat within the EU as a ‘matter of common concern’. In doing so, not only does it raise important questions about the utility of the European level for organising internal security co-operation, but it also provides a more comprehensive assessment of the EU's activities throughout the lifetime of the Third Pillar, placing in a wide and realistic context the EU's reaction to the events of 11 September 2001 and the greater prominence of Islamist terrorism.

David Brown

Counter-terrorism has emerged from the shadows of the European Union's (EU) Third Pillar, propelled into the limelight by the events of September 11 and maintained by terrorist incidents in Spain and the UK. This chapter considers the relative prioritisation of counter-terrorism within the crowded internal security pillar and examines 'implementation gap'. Initially relegated in importance at the outset of the Third Pillar arrangements, counter-terrorism has been propelled to the forefront of the EU's internal agenda, driven by the demands of the 'War on Terror'. Pre-enlargement, the EU's record was unimpressive across the gamut of internal security arrangements. The labelling of such internal security competences, including counter-terrorism, as a 'matter of common concern' will be placed under the spotlight, in terms of the commonality both of the problem facing the EU and the nature of their response. The lack of commonality will have consequences in terms of organising an EU-wide response.

in The security dimensions of EU enlargement
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The security implications of EU enlargement
David Brown

This conclusion presents some closing thoughts on concepts discussed in the preceding chapters of this book. The book considers enlargement's wider impact on the European Union's (EU) security agenda. It highlights two central issues: internal cohesion and external projection. The book focuses on three areas within such a 'neighbourhood', relations with the Former Soviet Union (FSU), Russia, Turkey and the Greater Middle East and the Balkans. It also focuses on different, yet connected, aspects of the wider EU-Russia relationship, from the Chechen issue to arms trafficking in the Baltic region. This relationship colours a wide array of EU activities, from energy security to counter-terrorism, from the advancement of Common Foreign and Security Policy (CFSP) to the future of the EU's enlargement process, in relation to both the Ukraine and Moldova.

in The security dimensions of EU enlargement
Abstract only
David Brown

This introductory chapter discusses the theme of this volume, which is about the counter-terrorism and police co-operation policies of the European Union (EU) from 1991 to 2007. This volume chronicles the development of the Third Pillar and analysis its key provisions. It evaluates the effectiveness of the EU's implementation process in terms of both the wider Justice and Home Affairs (JHA) sphere and in relation to both specific case studies, namely police co-operation and counter terrorism.

in The European Union, counter terrorism and police co-operation, 1992–2007
David Brown

This chapter analyses the Third Pillar in order to establish the broader context in which the European Union's (EU) progress in counter-terrorism and police co-operation is made. It examines the proposed establishment of an ‘Area of Freedom, Security and Justice’, which has been the overall objective of all internal security co-operation since the Treaty of Amsterdam. This chapter suggests that the AFSJ failed to address fully the concerns of the Justice and Home Affairs (JHA) at the institutional level and argues that it will take significantly more political will than thus far been on show to overcome some of the outstanding conceptual questions regarding how the AFSJ can be successfully implemented.

in The European Union, counter terrorism and police co-operation, 1992–2007
Police co-operation and counter terrorism
David Brown

This chapter examines the megapolicy objectives of the Third Pillar related to counter-terrorism and police co-operation. It addresses the issues of achieving an agreed and nationally implemented common definition of terrorism across all the member states and the development of Europol as the main vehicle for police co-operation within the European Union (EU). The analysis reveals that in the case of police co-operation, the narrative tends to zigzag from position to position, depending on who is addressing the issue of interpreting the legal text. In the case of counter terrorism, there was, in effect, the sound of silence over the key issue of agreeing a common definition of terrorism and a common definition existed solely on paper, and not in reality.

in The European Union, counter terrorism and police co-operation, 1992–2007
David Brown

This chapter analyses the Treaty of European Union (TEU) labelling of the threat posed by terrorism as a ‘matter of common interest’ for all EU member states in terms of the scale of threat posed and the nature of the terrorist challenge. It considers the long-running campaigns of nationalist-separatist groups, as well as the various right-wing and left-wing variants. This chapter suggests that there is a need to balance the avoidance of complacency with the maintenance of accuracy when portraying the nature of the wider threat and argues that it is also important not to simply accept at face value the assumption of a region-wide, let alone, global threat.

in The European Union, counter terrorism and police co-operation, 1992–2007
Legislation, agencies and the implementation gap
David Brown

This chapter examines the legislative output of the European Union in terms of the Third Pillar and in relation to key legislative and agency developments in counter-terrorism and police co-operation. It considers the developing implementation gap which could undermine the European Union's claims to credibly ‘add value’ and evaluates the contribution of agencies such as Europol and Eurojust in counter-terrorism efforts. This chapter suggests that in comparison to the remainder of the Third Pillar's matters of common interest, counter-terrorism seems very much the poor relation both in terms of the quantity and quality of instruments used and the initial pre-September 11 plans for future development.

in The European Union, counter terrorism and police co-operation, 1992–2007
Information exchange
David Brown

This chapter analyses the efforts of the European Union (EU) in the field of information exchange. It evaluates the EU's attempts to ‘add value’ to pre-existing bilateral and multilateral exchanges between member states in both pre- and post-11 September eras, with a particular focus on Europol. This chapter also considers the development of the principle of availability which was the guiding light of the 2004 Hague Programme aiming to subject the exchange of law enforcement information to uniform conditions across the Union. It also explores the potentially complicated relationship between the ‘availability’ provisions and those contained with the 2005 Treaty of Prüm.

in The European Union, counter terrorism and police co-operation, 1992–2007
David Brown

This chapter considers first fifteen years of internal security co-operation, both within the Third Pillar more widely and more specifically in terms of developments in police co-operation and counter terrorism. It suggests that despite the positive record found in terms of Europol's development, the EU's wider record of converting its occasionally inflated rhetoric into practical reality is sadly insubstantial. This chapter highlights the lack of clarity in the objectives of police co-operation and counter terrorism and the difference between means and ends in relation to the development of the Area of Freedom, Security and Justice (AFSJ). It speculates on the future of the Third Pillar and suggests that EU should work towards steadying the existing foundations of internal security co-operation and building both greater credibility and legitimacy in this area.

in The European Union, counter terrorism and police co-operation, 1992–2007