European integration and internal security a Fortress Europe

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European integration and internal security a
Fortress Europe?

• Terrorism
• Cross-border crime
• Organised crime
• Fraud
• Border security
• Immigration

Justice and Home Affairs is the most rapid
growing sector in EU politics (J. Monar)
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Introduction

• The political implications of the Single Market
  programme
• Issues of border control, citizenship, civil
  liberties, justice and law very sensitive
• Dilemma
• Different legal traditions in Europe make
  harmonisation difficult
• Pressures for cooperation increase (international
  terrorism, migration, organised crime)

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PART IEU and internal security

• Early developments outside of Community framework
• 1. TREVI Group (1975)
• 2. Judicial Co-operation Working Group
• 3. Rhodes Group of Coordinators
• 4. The Schengen group (1985/1990)

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1. TREVI Group

• Terrorisme. Radicalisme, Extremisme, Violence
  and Information
• Formed 1975, met 6 monthly
• Ministers responsible for justice, internal
  security, senior officials and police officers
• Background terrorist groups in the 1970s
• RAF, Red Brigades, IRA

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2. Judicial Co-operation Working Group

• Accompanied the SEM (1992)
• Criminal matters
• extradition co-ordination
• Counter fraud
• Counter funding of international crime and
  terrorism

3. Rhodes Group of Co-ordinators (1988)

• Internal security and immigration problems
• posed by removal of internal borders

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Schengen Agreement

• Agreement 1985 Germany, France, BeNeLux
• Convention 1990 (arrangements, guarantees,
  implementation)
• Italy (1990), Spain, Portugal (1991), Greece
  (1992), Austria (1995), Sweden, Finland, Denmark
  (1996)
• CEE (Dec. 2007)
• Iceland, Norway, Switzerland (2008)
  (Liechtenstein)
• Implementation problems France (1996), Greece
  (2000), CEE

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Schengen Zone
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Schengen Borders
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Schengen Agreement

• Freedom of movement, visa, immigration and asylum
  issues
• Hot pursuit across borders
• cross border surveillance
• information exchange mechanisms
• Schengen acquis incorporated into ECT and EUT (1
  May 1999)

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Maastricht Developments

• Third Pillar
• Asylum policy
• Crossing of external borders
• Immigration and residence rights for 3rd country
  nationals
• Combating drug addiction
• Combating international fraud
• Co-operation on customs issues
• Judicial co-operation in civil matters
• Judicial co-operation in criminal matters
• Police co-operation to combat terrorism, drugs
  and serious crime through intelligence (EUROPOL)

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Amsterdam Treaty Area of Freedom, Security and
Justice
Schengen Acquis

• UK, Ireland, Denmark opt out on transfer of JHA
  to main pillar CTA
• Schengen states wanted it embedded in Community
  Acquis
• States wanted to retain some power - not hand it
  over to EU institutions- transgovernmentalism

EC
CFSP
JHA
Title VI
Title IV
Police and Judicial co-operation in criminal
matters
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Amsterdam treaty - transition

• 5 year transition period
• 1. Council decisions by unanimity
• 2. The right of initiative in the area is taken
  from the Commission and split between Commission
  and member state, EP only consultation
• 3. After 5 years transition most of the normal
  arrangements come back into force

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Amsterdam treaty - issues

• Civil law co-operation
• Criminal law - EU effect
• Extradition
• Police Customs Co-operation
• Information exchange
• Liaison arrangements
• Planned surveillance
• Schengen Information System
• Customs Information System
• EUROPOL

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EUROPOL

• European Police office
• Existed officially from October 1998
• Forerunner Europol Drugs Unit
• No executive powers
• Intelligence led policing sharing of information
• 50 Budget increase after 9/11

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Why you might be on the SIS

• If you are wanted for arrest
• If you are on joint blacklist
• Protective custody
• Judicial authority request
• Member state asks for individuals movements to be
  tracked
• Individuals sought by states because they might
  be able to provide important information on
  criminal activities

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Post Amsterdam Developments

• 1999 Tampere Council to reaffirm Amsterdam
  agreements
• EUROJUST (European Judicial Co-operation Unit),
  Nice Treaty, since 2002
• Sevilla Summit Combat illegal immigration (EU
  border security, Galileo surveillance)
• SIS II (update until 2008), new technology and
  scope, concerns about data security, civil rights

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European Arrest Warrant

• Intra EU-extradition complicated, inefficient and
  often unsuccessful
• EAW facilitates persecution
• Prerequisite mutual recognition of severe
  criminal acts (double criminality)
• terrorism, trafficking in human beings,
  corruption, participation in a criminal
  organisation, counterfeiting currency, murder,
  racism and xenophobia, rape, trafficking in
  stolen vehicles, fraud
• EW in force since 2004 (Italy, Poland, Germany)

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Remaining problems

• Different legal philosophies
• Different security and threat definitions
• Domestic security and enlargement
• No common strategy on terrorism, immigration,
  asylum
• After Madrid bombings in 2004 EU agreed on
  anti-terrorist action programme
• Anti-terrorism co-ordinator established
• Highly controversial matters

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Part II Immigration

• While Europe ages, neighbouring countries have
  young and dynamic populations who find few
  outlets in their local labour markets
• Result development of large migration flows
  towards Europe
• Many see this trend as a solution for population
  ageing and to ease social and economic pressure
  in the country of origin of migrants
• Many others see migration as a threat, leading to
  xenophobia and the emergence of racist attitudes
  and parties
• European legislation has been tightened in order
  to restrict migration into Europe

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Migration and its forms

• Definition of migration
• The movement or displacement of a person or a
  number of persons from one place to another.
• Forms of migration
• Individual or group migration
• Regional, inter-regional, international or
  intercontinental
• Temporary or permanent
• Legal and illegal
• Economic and political migration

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Migration in Europe

• In modern times migration out of Europe has
  predominated
• The second half of the 20th century has seen a
  reversal of this trend
• Since the 1950s emergence of South/North economic
  migration
• Renewal of migration in the 1990s

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EU as destination for immigrants and asylum
seekers where they come from (2003)
Eastern Europe
110.000
Asia
150.000
250.000
100.000
Middle East
North and Central Africa
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Applications for asylum
Thousand
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Asylum applications per member state (1999-2003)
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Asylum applications by main group of citizens
(2003, )

• Iraq 8
• Turkey 7
• Yugoslav Fed. Rep. 7
• Russian Federation 6
• China 4
• Nigeria 4
• Somalia 4
• Afghanistan 4
• Congo 3
• Iran 3
• Others 49

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Attitudes towards foreigners in the EU
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70 million refugees world wide
500.000 enter EU yearly
400.000 asylum seekers 2002
Germany 88.363
UK 88.202
France 47.263
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The European response to migration

• Features of a co-ordinated migration policy
• Asylum seekers are entitled to have their cases
  reviewed only by one country
• Creation of Homogenization of the EU external
  borders
• Tougher controls
• Common visa policy
• Creation of databases containing information on
  immigrants (EURODAC, 2003)
• Police co-ordination (Europol)

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Conclusions

• Co-operation accelerates
• Schengen touched on many sensitive areas
• Europe an area of
• Freedom
• Security
• Justice?

Camp Sangatte 2003
2005 6000 killed