Chapter 10: International Police Co-operation
279
for internal security co-operation between (some of the) EU Member States so far’.
54
This development is directed at transferring frontier controls to the external borders
of the Schengen States, thereby creating an area without internal frontiers.
55
Signatories to the 1990 Schengen Implementing Convention undertake that national
police authorities will assist each other ‘for the purpose of preventing and detecting
crime’ within the limits of their national law.
56
Whilst the Convention lays down
regulations for cross-border observation and allows police officers from the Member
States to maintain their observation of persons suspected of having committed cross-
border criminal offences, permission from other States should generally be sought
before beginning the cross-border observation. However, the Convention lists several
serious offences for which observation may be maintained without prior permission.
Police carrying out cross-border observation are obliged to comply with the law of the
host State and to submit a report to the relevant authorities. The Convention also
provides for ‘hot pursuit’, that is, the pursuit by ‘foreign’ police officers of fugitives
who escape across borders, providing the fugitive was observed committing an offence
or had escaped from lawful custody. This provision allows Member States to set down
rules governing the duration of the pursuit and the limitation on the powers of the
pursuing officers. Under the Convention, police officers involved in cross-border
operations acquire the same powers as indigenous police officers. Liability for damages
rests with the originating State in respect of the activities of pursuing officers. The
Convention also contains provisions designed to improve technical aspects of police
co-operation, including agreements to exchange communication equipment, broaden
radio frequency bands in border areas and the harmonisation of communication links.
Thus, police forces may send unsolicited information which might be of assistance in
investigations to other police forces and there is provision for the exchange of liaison
officers between the parties. Although not contained within the general framework
for police co-operation, the Convention also provides for the use of controlled deliveries
in order to counter drug-trafficking. Although in recent years, the use of controlled
deliveries by law enforcement agencies has become more widespread, this provision
was considered to be innovative at the time.
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