Counterterrorism Blog

EU Council members meeting in Brussels December 4th called on the EU Commission, and the incoming EU Presidency (Germany) to update the Hague Action Plan which lays out critical measures for combating crime and terrorism in Europe. The Hague program, which was adopted in November 2004, provides an EU-wide action plan for tightening controls along the EU’s external borders, broadening Schengen participation and strengthening the Schengen Information System, and enhancing EU member cooperation in combating terrorism and organized crime. It also sets forth basic principles to ensure protection of fundamental rights and freedoms, including data protection.

The Communique issued after the Justice Minister’s meeting reflects some of the tension, disagreement and dissatisfaction that apparently occurred at that meeting. It noted, for example, that “insufficient progress” was being made “with regard to expanding judicial cooperation in criminal matters {including counter-terrorism} and police cooperation in particular.” The Ministers also acknowledged that “decision making mechanisms which apply in the justice and home affairs area do not always contribute to effective and efficient decision making processes.” These problems result, in part, from basic differences between EU member’s legal systems, but also from different perceptions regarding the appropriate balance between security measures and data and other civil liberty protections. There was also concern that previously adopted measures were being applied unevenly by the various EU member countries. Some of the Ministers believed that the role of the European Court of Justice should also be strengthened and new stream-lined procedures adopted, to allow the court to quickly intervene to resolve differences between EU Justice ministries on these issues.

The Justice Ministers also used their meeting to set priority areas for further work. These priorities include establishing community-wide mutual judicial recognition in civil and criminal cases, developing a comprehensive EU migration policy, and strengthening police cooperation “through the principle of availability and more operational cooperation.” They also called for improvements in police, investigative and judicial efforts re the fight against terrorism and organized crime. In this regard they also expressed the need for expanding cooperation with non EU countries.

Special emphasis was also placed on setting up a new generation Schengen Information System (SIS) to better identify, monitor and control the movement of wanted or suspicious persons within the Schengen area. The current system provides for only limited coverage re terrorism related suspects.

The Council also agreed, in principle, and pending EU Parliament review, to establish a new EU Agency for Fundamental Rights. The new Agency would provide special assistance and expertise to other government agencies to assure that measures were formulated and implemented in such a way as to fully respect fundamental rights. As here in the United States, the European Union member countries are still struggling with the right balance between safeguarding domestic and national security and preserving fundamental freedoms.