European policing strategies and transnational crime

Counter terrorism is now a major policy objective of the Union. September 11th galvanised the European Union and its Member States into a significant programme of police and judicial policy development, operational action and institution building. But has this resulted in a genuinely enhanced capacity to act dynamically against the transnational crime affecting the European Union? The chapter examines the development of the criminal police cooperation from 1993 to the current post-9/11 context. During this period the demonstrable scale of the task has been immense with increased expectations and demands of accession of ten new members states to the Union whilst attaining the treaty objective of establishing an EU Area of Freedom Security and Justice. Arguably, the European Union's response to September 11 transformed the legislative and institutional order within the Union, but also secured the first stage of its external vision to significantly advance a justice and home affairs external relations strategy not only with the USA, but with other states and international organisations. This fillip to third pillar integration has been attained despite the intergovernmental governance regime within the third pillar and consequent grinding pace of policy formation, institution building and legislative development, that has been characteristically punctuated by infrequent advances. A discontinuous pattern of development has underscored the weaknesses of the third pillar governance regime providing succour to those advancing the radical changes set out in the EU's draft treaty developed by the European Convention on the Future of Europe. In considering these issues, attention will be paid to four areas: the development of strategic guidance over the third pillar; the Council's efforts to improve third pillar working methods; institutional development in the criminal police and judicial spheres; and finally the development of operational capacities within the European Union in tackling transnational crime.