Type
Working paper
Title
The EU and its Counter-Terrorism Policies after the Paris Attacks
In
CEPS Paper in Liberty and Security in Europe
Author(s)
BIGO Didier - Centre de recherches internationales (Author)
CARRERA Sergio - (Author)
GUILD Elspeth - Research unit of the Centre for European Policy Studies (CEPS) (Author)
GUITTET Emmanuel-Pierre - School of Social Sciences (Author)
JEANDESBOZ Julien - Université Libre de Bruxelles (ULB) (Author)
MITSILEGAS Valsamis - (Author)
RAGAZZI Francesco - Universiteit Leiden (Author)
SCHERRER Amandine - (Author)
Editor
Bruxelles : Centre for European Policy Studies
Collection
CEPS Paper in Liberty and Security in Europe : 84
Abstract
EN
This paper examines the EU’s counter-terrorism policies responding to the Paris attacks of 13 November 2015. It argues that these events call for a re-think of the current information-sharing and preventive-justice model guiding the EU’s counter-terrorism tools, along with security agencies such as Europol and Eurojust. Priority should be given to independently evaluating ‘what has worked’ and ‘what has not’ when it comes to police and criminal justice cooperation in the Union. Current EU counter-terrorism policies face two challenges: one is related to their efficiency and other concerns their legality. ‘More data’ without the necessary human resources, more effective cross-border operational cooperation and more trust between the law enforcement authorities of EU member states is not an efficient policy response. Large-scale surveillance and preventive justice techniques are also incompatible with the legal and judicial standards developed by the Court of Justice of the EU. The EU can bring further added value first, by boosting traditional policing and criminal justice cooperation to fight terrorism; second, by re-directing EU agencies’ competences towards more coordination and support in cross-border operational cooperation and joint investigations, subject to greater accountability checks (Europol and Eurojust +); and third, by improving the use of policy measures following a criminal justice-led cooperation model focused on improving cross-border joint investigations and the use of information that meets the quality standards of ‘evidence’ in criminal judicial proceedings. Any EU and national counter-terrorism policies must not undermine democratic rule of law, fundamental rights or the EU’s founding constitutional principles, such as the free movement of persons and the Schengen system. Otherwise, these policies will defeat their purpose by generating more insecurity, instability, mistrust and legal uncertainty for all.

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