Europol's Fledgling Counterterrorism Role

This article offers an analysis of Europol's counterterrorism role. Based on official EU documents, internal reports, and secondary sources, it dissects the contemporary counterterrorism activities of both Europol and the informal arrangements outside of the EU structure that are frequently utilized by some EU Member States. Although Europol does not perform any indispensable counterterrorism functions at the moment due to its limited powers and lack of trust from national agencies, the author contends that Europol has the potential to make a substantial contribution to the fight against terrorism.     

Framing the EU’s policy towards the neighbourhood: the strategic approach of the Seventh European Parliament (2009–2014)*

The Lisbon treaty afforded the European Parliament (EP) increased powers in foreign policy. These have included new legislative competences in the area of international agreements or the European Union’s (EU) relations with third party states. This article analyses the way the last mandate of the EP, which was the first to benefit from the changes introduced by the Lisbon treaty, framed EU foreign policy. More specifically, it explores the way in which the EP strategically framed the EU’s approach towards the neighbourhood countries. The focus on the neighbourhood is justified by the fact that it is the most salient area of the EU’s foreign policy. The article shows that the EP pushed for the EU to have a stronger presence in the neighbourhood. The EP also strategically aimed that it should have a more central role in shaping the EU’s approach towards the neighbourhood.     

Making sense of the EU’s response to the Arab uprisings: foreign policy practice at times of crisis

ABSTRACT

The Arab uprisings of 2011 put into question previously held understandings about the stability of authoritarian regimes in North Africa as well as the European Union’s (EU’s) relations with countries in its southern neighbourhood. Despite early calls on behalf of the EU to change its policies, the Union’s responses in the early stages seemed mostly characterised by continuity. This article claims that certain dispositions and background knowledge developed over several decades vis-à-vis EU’s Mediterranean policies served as a baseline from which EU officials and diplomats acted. Drawing on insights from practice approaches, the article argues that the practical understandings on what the EU can (and cannot) do vis-à-vis partner countries in North Africa create a kind of power politics of practical dispositions. The article focuses on the European Neighbourhood Policy - the EU’s flagship initiative - and builds on a unique set of data that combine policy documents and interviews with about 30 EU officials and national diplomats from before and after the Arab uprisings. In this way, it illustrates how practice relates to change in that even though the EU’s responses drew on an established repertoire of practice, enacting it in a new context opened up new possibilities for action.     

Defending the Fortress? Assessing the European Union’s Response to Trafficking

In the early 1990s, the European Union (EU) initiated two strategies, one deepening integration, the other widening it, to combat the increasingly important soft security agenda. This article seeks to assess the effectiveness of the EU’s response to the new security environment and speculates as to whether the completion of one process makes the achievement of the other more difficult, if not impossible. One focus will be on the development of border management on the EU’s periphery. Are the applicant states sufficiently prepared for the task of acting as the EU’s external frontier guard? The reactions of existing member states is also put under the spotlight. Arguably, their failure to promote a more equitable burden sharing arrangement, coupled with the decision to maintain internal frontier controls with applicant states for a transitional period after accession, has made the task of securing a strong external frontier more difficult. The European Police Office (Europol) forms the centerpiece of analysis in relation to the deepening of integration. Its efficacy as a means of information exchange is examined, and the impact of enlargement is considered.     

Deterrence and Protection in the EU’s Migration Policy

EU migration and asylum policy is facing tough challenges at the southern borders of the Union as migration and asylum pressures rise, fuelled by political instability and poverty in several regions of Asia and Africa. Current European border control practices create three spaces of control: externalised borders, through readmission and return agreements which enrol third countries in border control; the EU borders themselves through the work of Frontex and the development of a whole arsenal of technology tools for controlling mobility to and from the EU; and the Schengen area, whose regulations tend to reinforce deterrence at the borders through the Smart Border System. As a result, the EU’s balancing act between irregular migration control and protection of refugees and human life clearly tips towards the former, even if it pays lip service to the latter. More options for mobility across the Mediterranean and more cooperation for growth are essential ingredients of a sustainable migration management policy on the EU’s southern borders. In addition asylum management could benefit from EU level humanitarian visas issued at countries of origin.     

Surveillance and International Terrorism Intelligence Exchange: Balancing the Interests of National Security and Individual Liberty

Using the revelations Edward Snowden passed over to the press regarding the actions of the U.S.’s National Security Agency and the UK’s Government Communications Headquarters and their use of the Prism project, this article examines the law surrounding intelligence gathering in the U.S. and UK. Underpinning the analysis is the legal principle of proportionality as applied to balancing the interests of national security and individual liberties. After examining intelligence exchange procedures, which for the UK is through negotiated agreements between national security agencies and through the European Union’s policing agency, Europol, the main part of the article discusses legal challenges that have been made regarding surveillance and the use of anti-terror laws on citizens and the rationale behind the judicial decisions made in both the U.S. and UK jurisdictions. The argument forwarded is that there is a requirement for wide preventative powers being granted to counter-terrorism agencies and that the interests of national security and individual liberty are inclusive and, as shown by the cases covered in this article, we should rely on the judiciary to perform their function in applying proportionality to each case on its own merits.     

The European External Action Service,Counterterrorism and the Imperative of Coherence

ABSTRACT

The European External Action Service (EEAS), specifically mandated with enhancing coherence between the Common Foreign and Security Policy (CFSP) and non-CFSP bodies on the one hand, and the European Union and member states on the other hand, has the potential to increase CFSP’s contribution to the fight against terrorism and diminish the boundaries between CFSP and other policies. Several of the EEAS’ cooperation and coordination duties, as well as the inclusive composition of the Service, allow for a more coherent approach to counterterrorism policymaking. In practice, coherence is unfolding in diplomatic cooperation with third countries and Common Security and Defence Policy (CSDP) missions, as CFSP and Justice and Home Affairs actors seem to build on one another’s strengths. The picture is more nuanced in the area of intelligence, where the activities of the EU intelligence centre, transferred from the Council of the European Union to the EEAS, are conditional upon member states’ willingness to exchange information. Ultimately, current efforts towards coherence remain subject to a somewhat paradoxical two-speed process: one that encourages the meshing together of institutional actors and policy cultures, while deferring access to justice to national law, thereby yielding a system of protection of individuals à géométrie variable.     

A case of failed interregionalism? Analyzing the EU-ASEAN free trade agreement negotiations

In 2007, the European Union (EU) and the Association of the Southeast Asian Nations (ASEAN) started interregional negotiations on a free trade agreement, which failed 2 years later. Relying on document analysis and elite interviews with officials from the EU and ASEAN’s members, this article addresses why and the extent to which the interregional negotiations failed. By rooting the theoretical model in a power-based approach, the analysis demonstrates that the EU has attempted to secure its economic and regulatory power in Southeast Asia. In striving for such power, interregionalism was initially the intuitive way because the EU perceived ASEAN as a cohesive bloc. However, the EU’s ambitious vision for comprehensive agreements clashed with the actual heterogeneity of ASEAN member states. The failure of the interregional approach is, thus, a result of the EU’s delicate balance between political and economic interests in Southeast Asia, which it pursues with trade-specific issues.     

EU cooperation on terrorism prevention and violent radicalization: frustrated ambitions or new forms of EU security governance?

This article questions the effectiveness of EU efforts to prevent terrorism and violent radicalization as well as the future prospects of such efforts. Driven by the pressure of attacks, member states have agreed on a comprehensive strategy to prevent radicalization and recruitment into terrorism, but simultaneously the strategy traces the limits of EU authority in member states in this regard. Meanwhile, the European Commission has focused on indirect measures, such as research support, for counter radicalization. However, over time, both flexible cooperation among a subset of member states and new EU initiatives have generated only few or biased policy outputs. The Stockholm Programme renewed the ambition to prevent terrorism at an early stage and underlined the EU's role in evaluation and knowledge exchange. This article questions the resulting proposal to create a network of local or subnational actors for best practice exchange. The article argues that preventive counterterrorism relies on contentious scientific evidence and that authoritative evaluations remain tied to national policy-making. Finally, the EU Commission cannot mobilize sufficient resources to ensure that ‘frontline’ organizations, such as police services, implement new practices. Taken together, this limits the potential for depoliticizing multilevel governance approaches to terrorism prevention. The conclusions of this article raise further research questions on the use of knowledge and complex governance patterns in EU internal security.     

Can human rights conditionality reduce repression? Examining the European Union’s economic agreements

The insertion of human rights commitments into international economic agreements is now a widespread practice. We argue that the effect of such commitments depends on the degree of leverage held by one partner over the other. In a comprehensive analysis of the European Union’s (EU’s) relations with developing countries, we find that human rights clauses are conditionally effective; they are associated with improved political freedom and physical integrity rights only in countries that are more heavily dependent on EU aid. An in-depth look at the EU’s enforcement of its human rights clause in the African-Caribbean-Pacific (ACP) group reveals that the Union most often responds to violations of political rights—particularly coups and flawed elections—and that enforcement is indeed a more powerful catalyst for change in highly aid-dependent states. Alternative explanations—that the impact of the human rights clause depends on legalization, the country’s strategic importance, NGO activity, or domestic institutions—find little support.     

Normative power Europe and the Israeli-Palestinian conflict: the EU’s peacebuilding narrative meets local narratives

ABSTRACT

This article conceives the EU’s normative power in the Israeli-Palestinian conflict as a narrative that projects views of the international system, the EU’s identity as a peacebuilder, and its positions on specific conflict issues. Highlighting the importance of local narratives as cultural filters, this article argues that a high degree of alignment of local narratives with key elements of the EU’s normative power narrative facilitates positive images of the EU as a normative power in peacebuilding, whilst diverging local narratives tend to give rise to more critical views. Yet, the case of Palestine also shows that strong narrative alignment with the EU may encourage high expectations, resulting in critical views about inconsistencies between the EU’s normative aspirations and its actual foreign policy conduct.     

No exceptions: authoritarian statism. Agamben,Poulantzas and homeland security

This article outlines and compares two different ways of making sense of counterterrorism and the configuration of political power in its context. Against the backdrop of US homeland security, it first outlines Agamben’s thesis on the permanent state of exception. Despite its resonance with key aspects of homeland security, this thesis is found to be analytically limited and theoretically brittle. To overcome its shortcomings and provide a better understanding of contemporary organisation of political power, a strategic-relational approach is suggested, derived from Poulantzas’s state theory.     

Bringing politics back in: the introduction of the ‘performative power’ of counterterrorism

While it is sensible that governments and academics endeavour to assess the effectiveness of counterterrorism policies, this article argues that it is almost impossible to measure arithmetically the outcome of counterterrorism efforts for a variety of reasons. However, this does not mean that the effect of governmental policy cannot and should not be assessed. This article argues that it is not necessarily the policy measures and their intended results as such, but much more the way in which they are presented and perceived, that determine the overall effect of the policy in question. The article introduces the concept of ‘performativity’, which involves the extent to which a national government, by means of its official counterterrorism policy and corresponding discourse, is successful in selling its representation of events, its set of solutions to the terrorist problem, as well as being able to set the tone for the overall discourse on terrorism and counterterrorism. Due to the distinct relation between the performative power of counterterrorism efforts and the arc of violence carried out by terrorist movements, analysing the level of performativity will provide an indication to the effectiveness of counterterrorism policies. It is argued that a low level of performative power generally has a more rapidly neutralising effect on radicalisation and political violence than large-scale, public counterterrorism efforts.     

Reputations,Perceptions, and International Economic Agreements

How do countries’ actions on the international stage affect their reputations? We propose that, particularly when evaluating countries about whom individuals may have few prior beliefs, international agreements may hold particular sway in establishing countries’ reputations. Specifically, if a relatively unknown country joins an organization with a country that has a good reputation, individuals will judge that original state to be less risky; if the better-known countries are generally perceived to have a bad reputation, the less-known state will also look more risky. This article presents evidence from a survey experiment in which individuals are asked about the weight of various factors in their perceptions of countries’ reputations. Subjects would randomly receive a prompt about a country’s domestic policy reform or its ties to other countries via economic or cultural agreements. The results show that states’ international ties play a role in assessments about country reputations. We also examine possible mechanisms underlying this finding. Lower risk associated with agreements with good countries is largely a function of anticipated economic benefits. However, the higher risk associated with agreements with bad countries seems to be more a function of anticipated political closeness between countries.     

The European Union’s trade and investment policy in Asia: new challenges and opportunities in a changing global environment – or: following individual roadmaps

Asia is Europe’s largest trading partner and EU-Asia trade relations have undergone a rapid change since the global financial crisis. On a global scale, the new multilateral trade agreements such as the now stalled Trans-Pacific Partnership (TPP) involving European Unions’ (EU) major trading partners such as Japan, Singapore and Vietnam also have the potential to change the trade equations. In this paper, we evaluate the new EU trade policy which has been designed to ensure that the EU benefits from the changing global trade scenario and also look at the steps which have been taken by the EU to promote trade relations with its major trading partners in Asia in the predicted ‘Asian century’. We look into the Free Trade Agreements, which are being negotiated with its Asian partners and seek to understand the reasons which have resulted in delays in their signing and negotiations. We evaluate new policies pushed forward by its Asian partners such as the One Belt One Road policy by China and Japan’s policy of securing a large number of trading agreements in the America. Moving ahead, we also shed light on the indirect factors that may influence the success of EU trade negotiations in Asia such as the EU policy on granting China market economy status and the commencement of the ‘Brexit’ process. Lastly, we try to present a list of immediate priorities for EU in Asia, which will ensure that it secures a toehold in trade with the region. All in all, it is shown that the EU has not one and the same approach for all Asian countries but it negotiates flexibly and individually country by country. Because of this “country by country approach” the EU is also not ready to enter into general EU-ASEAN trade negotiations again.     

EUROSUR: saving lives or building borders?

This article analyses the origins and development of the European Border Surveillance System (EUROSUR) in order to better understand its functioning in view of its stated objectives. Particular attention will be devoted to the European Commission’s recurring claim that one of EUROSUR’s main goals is to save lives at sea. This contribution questions that assertion. It rather considers EUROSUR as representative of the steady, technocratic development of a European system for border management. The reliance on the exchange of information, the reinforcement of FRONTEX, the European Union’s agency for the coordination of operational cooperation between national border guards and the emphasis on cooperation with third countries support this claim.     

Interregional relations and legitimacy in global governance: the EU in ASEM

This article explores the ramifications of the European Union’s (EU) internal legitimacy debate for its external relations. It applies the Asia–Europe Meeting (ASEM) as a case study to examine the EU’s attempts to promote legitimacy in global governance, more specifically in interregional institutions. The article’s theoretical framework draws from the EU’s legitimacy debate. It identifies three key sources of legitimacy, namely, (i) input legitimacy or democratic control and accountability, (ii) output legitimacy or performance and achievement of core purposes, and (iii) the degree of common identity as externalised through collective representation and the articulation of shared norms and values. The empirical analysis thereafter leads to three observations. First, the EU’s presence has contributed to an increased democratic involvement by ASEM’s different stakeholders including parliaments and civil society. Second, purely from an institutional legitimacy perspective ASEM achieves its purpose as a forum to ‘constructively engage’ with Asian countries and address issues relating to global governance. Third, ASEM reveals the EU’s dual identity as an intergovernmental grouping and an organisation with a gradually increasing capacity of collective representation. However, the advancement of the EU’s normative objectives through ASEM has been problematic, leading to a more interest-based and pragmatic policy path. The article concludes that the EU’s legitimacy debate has had a bearing on relations with Asia and, in particular, with ASEM. Importantly, and given the EU’s setbacks, some elements of the ‘EU’s way’ have proven successful in promoting democratic notions of legitimacy beyond the state.     

EU Counterterrorism and the European Neighbourhood Policy: An Appraisal of the Southern Dimension

Terrorists trained on European soil, but originating from the Middle East, attacked the world's only superpower on September 11, 2001. Countering this terrorist threat has become an increasingly significant part of European Foreign Policy. At the same time, the European Neighbourhood Policy (ENP) has become an increasingly important dimension of European Foreign Policy. This article examines the extent to which counterterrorism has occupied a prominent place in the ENP, with a particular focus on the Southern Mediterranean ENP partners. The findings of this article suggest that, despite the commonly held view in the literature that security issues, in particular terrorism, have dominated the ENP agenda, counterterrorism cooperation between the European Union (EU) and its Southern Mediterranean ENP partners has not advanced as much as might have been expected.     

The banality of counterterrorism “after,after 9/11”? Perspectives on the Prevent duty from the UK health care sector

Since 2015, the UK healthcare sector sector has (along with education and social care) been responsibilised for noticing signs of radicalisation and reporting patients to the Prevent programme. The Prevent Duty frames the integration of healthcare professionals into the UK’s counterterrorism effort as the banal extension of safeguarding. But safeguarding has previously been framed as the protection of children, and adults with care and support needs, from abuse. This article explores the legitimacy of situating Prevent within safeguarding through interviews with safeguarding experts in six National Health Service (NHS) Trusts and Clinical Commissioning Groups. It also describes the factors which NHS staff identified as indicators of radicalisation – data which was obtained from an online questionnaire completed by 329 health care professionals. The article argues that the “after, after 9/11” era is not radically distinct from earlier periods of counterterrorism but does contain novel features, such as the performance of anticipatory counterterrorism under the rubric of welfare and care.     

The security–development nexus and securitization in the EU's policies towards developing countries

This article assesses how and to what extent the European Union (EU) uses a security perspective to define and shape its relationship with the developing world. In order to evaluate the EU's development policy and its relations with developing countries we link the concept of ‘security–development nexus’ with the concept of ‘securitization’. The article examines whether securitization can be observed with regard to four dimensions: discourse, policy instruments, policy actions and institutional framework. The analysis demonstrates a securitization of the EU's development policy and its relations with developing countries, particularly in Africa. However, paradoxically, the securitization's extent and nature suggest that the EU can also use it as a way to avoid a more direct involvement in conflict areas.