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The External Dimension of EU Intelligence Cooperation: in Search of Euro-Atlantic Synergies

100%

Gruszczak A. , Rakowski P.

2012

tom 4(2)

7-32

The article deals with the issue of the European Union’s external cooperation as regards information and intelligence exchange. The specific emphasis is placed on the possibility to emerge hypothetic “Euro-Atlantic” synergies in this area. The paper is based strongly on the consequences of the global war on terror, although it is not limited to this aspect only. In the Article the authors with the great degree explain and analyse such issues like chosen legal and procedural aspects of Euro-Atlantic cooperation in relation to information exchange, from the perspective of its legal basis (both EU treaties and implementing laws) and the political one. It is of a particular importance, because currently the difficulties in describing the scope of the cooperation still exist. The cooperation between the EU and the US is also influenced by the historical developments, especially due to the fact that the anti-terrorism cooperation is still relatively new aspect of European integration processes as a whole. Therefore, the Authors describe also main instances of cooperation which were undertaken by the US and Member States authorities outside the scope of European integration. In particular, such initiatives as Alliance Base and G-6 cooperation were discussed. The paper also presents so-called EU perspective which embraces the most important and newest laws and instruments regulating the information and intelligence exchange, and which are either adopted already or still being discussed within EU decision-making processes. In this respect, such topics as cooperation to exchange data covered by the Passenger Name Records (PNR) and preventing the financing of terrorism activities (like TFTP/Swift model) were presented. In the conclusion, the Authors state that the EU and the US are mutually and indispensably connected, and the “exchange of cooperation instruments” – disregard sometimes serious formal and procedural differences – is the stable, permanent and usually not disrupted process.

The Integrated Fight Against Organised Crime in the Baltic Sea Region (BALTCOM) - Genesis, the Main Fields of Activity and Prospects for Development

88%

Safjański T.

tom 8(1)

7-18

Since the establishment of the Task Force many operations involving countries in the region have been performed. A multidisciplinary approach was introduced in terms of the operations in order to better utilise financial and personnel resources as well as to improve results of operations. Usually operations have provided useful information (for example on modus operandi). A few of the operations have been conducted specifically with the objective of gathering information – operation General Aviation is one example of this. Operation Early Bird, a bilateral operation between Poland and Germany, was a direct result of the information from operation General Aviation. The Task Force has the potential of making the operations unpredictable to the criminals as far as time, location and geographical area are concerned. However over the years it has not become clear if the Task-Force cooperation is valuable and efficient. In the beginning the mere fact of being able to carry out joint operations in the region, i.e. all countries doing the same thing at the same time, was a very good and important result in itself. The expectations and demands adressed to the co-operation have increased, and now external evaluations is needed. The presented issue is extremely complex due to the specific nature of the activities carried out on BALTCOM platform and its unique position in the international system of cooperation. Article draws the attention to possible benefits from such forms of international cooperation in combating crime.

Development Prospects of International Criminal Police Organization Interpol

88%

Safjański T.

tom 7(2)

267-278

The article presents considerations related to future directions of Interpol’s development, that is one of the criticalinstitutions of the global security system. Development directions are determined before all by Member States’ assessmentof effectiveness and legality of Interpol’s operational activities. However, in comparison to the practical cooperationof police forces vast improvement is required in relations to legal sphere of Interpol. There is no doubt that the effectivenessof the Interpol. The organisation operating in transnational dimension has to possess a proper legal status. Interpol,in the opinion of some experts in the field of international law, does not have the optimal legal solutions and the appropriateratio for the national law of the Member States. The weakest point of Interpol is outdated and ineffective legal basis foraction. For this reason, the sine qua non conditio for the further development of Interpol is to provide the organisation withspecific legal position, which would be proper to the uniqueness of tasks that are being carried out (including the adoptionof appropriate solutions for the privileges and immunity of Interpol and its staff in a uniform manner in all the MemberStates). There is also a need to harmonize internal normative acts of the organization — including the Constitution of Interpoland the General Regulations, the interpretation of which causes a lot of confusion regarding the legal status and the natureof membership in Interpol.