EU JHA initiative against TNOC1

EU JHA INTIATIVE AGAINST TNOC

EU JHA INTIATIVE AGAINST TNOC

(Your name)

(Your school)

(Subject)
 EU JHA initiative against TNOC2

EU JHA INTIATIVE AGAINST TNOC

Europol has the greatest potential in fighting multinational crime. JHA primarily

was aimed in facilitating international cooperation for the EU countries. The cooperation

included migration, crime management, border management, issues related to internal

security, counterterrorism and civil law. It came into place to make the four freedoms of

movement of people, goods, services and money. Framed within the context of the Treaty

of the European Union, Europol’s authorization composed all serious types of

international crime, including international terrorism. Europol is shown to have

demonstrated the dual forces of political control over the association of the European

Union, on the one side, and the institutional autonomy and professional expertise of

participating police agencies, on the other[1] .

The outcome of these dual forces can be likely to determine the course and result

of counter-terrorist policing in the European Union in coming years. Europol's endeavor

is to advance the effectiveness and co-operation between the capable authorities of the

member states primarily by giving out and getting intelligence to prevent and fight

serious international organized crime. Its mission is to make a significant contribution to

the European Union's law enforcement efforts targeting organized crime. Europol is

prospective but have these shortcomings which are: Europol has no executive authority.

It is a prop up service for enforcement agencies of the law in the EU member states.

Europol officials are not at liberty to conduct investigations in the member states or to

seize suspects [2].

1
See notes on Black, D. (2003).
2
See notes on Emek U, et al (2009)
 EU JHA initiative against TNOC3

In providing support, Europol with its work of expertise, intelligence analysis

information exchange, and training it can not have a say to the executive measures

carried out by the relevant national authorities [3].

Europol is a multi-disciplinary agency which not only comprises regular police officers

but staff officials from the member states' varying from financial police, customs, and

immigration services, border and, etc. Secondly, Europol helps to limit the language

block in global police co-operation. Law enforcement agent from a member state can

address a request to their Europol National Unit (ENU) in her/his native language and

receive the request back in this language [4].

There are three different levels of co-operation which are possible. They include

technical co-operation or to provide training, strategic co-operation which is aimed in

exchange trends in organized crime and means of fighting the crime and exchange of

threat assessments. The top level of co-operation includes the exchange of personal data

and there is need for the fulfillment of Europol's standards in the field of data protection

and data security. In the field of asylum policy, minimum standards are to be adopted for

the procedures leading to the acknowledgment or refusal of refugee status. In concern to

immigration policy, rules should be drawn up to define the status in law of legal

immigrants and to provide improved measures to combat illegal immigration. A coherent

EU policy for re-acceptance and return should be developed [5].

____________________________________________________________________________________________________________3
See notes

on John D. O, (2009)
4
See notes on Alain, M. (2002).
5
See notes on Deflem, M. (2007).
 EU JHA initiative against TNOC4

With regard to freedom of movement and external frontiers, procedures and

conditions are to be defined for the issue of visas by Member States. Rules will also be

drawn up for a unified visa, and the provisions on the legal liability of transport

companies will be further harmonized. In the field of police collaboration, the emphasis

is on Europol, particularly as regards contributing to an improvement in the fight against

the smuggling of illegal immigrants. Under the terms of Europol are to be further

extended, the emphasis being put on operational collaboration with the Member States [7].

As far as the national criminal prosecution services are concerned, the conditions will be

laid down under which they will be able to act in the sovereign territory of another

remember State. Hot pursuit, observation, controlled deliveries and other forms of cross-

border collaboration are important items in a successful battle against international crime.

It is also important that operational collaboration between the criminal prosecution

services should be strengthened. The checking activities at the external frontiers that have

been conducted jointly with great success for some time by the customs authorities of the

Member States can be taken as a model for this [8].

Finally, it should be investigated whether the data protection regulations, which

have been included hitherto in the various conventions in the field of justice and internal

affairs, can be unified. Similarly, the issue of minimum rules for the temporary protection

of displaced persons and for joint and compensation among Member States also has a

high priority for future work.

7
See notes on Benyon, J. (1998).
8
See notes on Alain, M. (2002).
 EU JHA initiative against TNOC5

In the medium term, i.e. within 5 years, minimum rules will have to be prepared, for

example, for the recognition of nationals of non-Member States as refugees. Rules will

also have to be enacted laying down procedures for the issue of visas for long-term stays

and for the issue of residence permits [9].

In the police sector, an information and analysis system for money laundering is to be set

up. Giving Europol access to the customs information system and establishing a system

for the electronic exchange of fingerprints between Member States will also be studied.

This is just a selection of projects that are to be carried out over the next few years.

Liberty, Security, Justice: Improvement of working structures in the Council. A more

technical precondition for effective configuration of the work is efficient working

structures in the Council. The Action Plan addresses this question unequivocally and calls

for are form of working structures in the field of justice and internal affairs before the

Treaty of Amsterdam comes into force. From the almost overwhelming number of

committees in the EU and in the context of Schengen there should have development of a

coherent committee structure in the first and third pillars and in this way to comply with

the principles set out in the Action Plan regarding the working structures. As well as this,

however, bearing in mind the division of internal affairs and justice policy between the

first and third pillars, there is also need to have intensive coordination going beyond these

pillars in order to ensure that the work will lead in a coherent fashion to the building up

of a unified area of Freedom, Security and Justice. Close collaboration is necessary.

Nevertheless, the establishment of procedural bases is only a small step towards fulfilling

the tasks that will face will be faced in the next few years.

9
See notes on Black, D. (2003
 EU JHA initiative against TNOC6

If this work is to succeed even in part, commitment, an imaginative approach and a

willingness to compromise will be required above all. With active support of the

Commission and in constructive cooperation with the European Parliament, this

challenge can be met by the Member States, who will thus fulfill the expectations of

Union citizens with regard to collaboration in justice and internal affairs policy.
 EU JHA initiative against TNOC7

bibliographies

Alain, M. (2002). “Transnational police cooperation in Europe: Revisiting traditional

border between internal and external security matters”. EJCCLLJ, 9(4), 114-128.

Benyon, J. (1998). “Developing system of police cooperation in the European Union,

Crime and law enforcement in the global village” (pp. 113-132). Cin, OH: APC.

Black, D. (2003). “Terrorism and counter-terrorism: Criminological perspectives” (pp.

10-15). O, UK: ES.

Deflem, M. (2007). “Global Rule of Law ? Police Cooperation and Counter-Terrorism.”

AAAPSS

Deflem, M., (2005a). “Criminological perspectives”. Oxf, UK: ES.

Emek U, et al (2009) “European Union Politics” (4th ed.), OUP.

John D. O, (2009) “Secure Europe. Internal Security Policies” (2nd. Ed.), OUP.

Laure Guille, (2009) “Police Cooperation in Europe, in, International Police

Cooperation issues, theory and practice”, WP

Schalken, T., (2006). “Europol and supervision of their joint actions”EJCCLCJ 73-85.