Chapter 10: International Police Co-operation
277
investigations in specific cases.
36
It has also given Europol authority to enter into
agreements for the exchange of data with countries outside the EU. The States listed
for early co-operation agreements include Canada, Iceland, Norway, the Russian
Federation, Switzerland, Turkey and the US. Agreements facilitating the exchange
of information with several South American States are contemplated. It is likely that
these initiatives would also involve Interpol. Concern is increasing over Europol’s
lack of accountability. It is unclear, for example, whether restrictions exist on the
transmission of evidence or information obtained in violation of international human
rights standards or in breach of national law, and whether a distinction will be made
between hard facts and ‘soft intelligence’.
37
Europol has undertaken a major strategic
analysis on specific crimes such as drug-trafficking, carried out operational analysis
looking at information transmitted during inquiries to the agency and maintained a
directory of ‘Centres of Excellence’ giving details to Member States of specialised
agencies and experts in particular fields such as DNA analysis.
38
The Europol initiative is an acknowledgment that Member States share common
problems in respect of criminality. Offences such as drug-trafficking and illegal
immigration are cross-border by nature and, following the relaxation of internal
border controls, cause similar problems for all law enforcement agencies of the
Member States. While initiatives to fight the ‘euro-criminal’ are popular with the
public, critics argue that the political policy behind Europol is the product of a ‘mutual
internal security ideology’.
39
This ‘fortress Europe’ mentality is criticised for placing
security and policing arrangements to the fore, and in giving public accountability
and civil liberties insufficient attention. Two of the major criticisms levelled at Europol
relate to its ‘legal deficit’ arising from the exemption prohibiting the ECJ from
reviewing cases involving matters of law and order, and its lack of accountability
before the European Parliament, which has been described as the ‘democratic deficit’.
Problems arising from this lack of accountability have given rise to concern amongst
national police forces that shared data may be misused.
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