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This book traces the evolution of the EU’s fight against terrorism from the late 1970s until the end of the first decade after 9/11. This historical analysis covers both EU-internal and international counterterrorism policies and features an in-depth account of the EU’s reaction to the terrorist incidents in New York, Madrid and London. In the first few weeks after these incidents, the EU mobilised a complex but also incoherent set of policy measures, which significantly influenced the course of European security over the years. From a theoretical perspective, this volume argues that context-specific factors dominated over functionalist considerations in the EU’s fight against terrorism. Building on frameworks from public policy analysis, the author demonstrates that EU institutions played a critical role as policy entrepreneurs, while the many security measures were chosen on the basis of timing rather than significance. Such short-term political dynamics also explain the implementation deficits and persistent imbalances in the EU’s counterterrorism policy; limitations which still hinder its fight against international terrorism. This book will be of much interest to students of EU policy, counter-terrorism, European security, public administration, foreign policy, and IR in general.
The book examines the dynamic of West European terrorism and counter-terrorism as it has evolved since the late 1960s. It assesses past, present and future terrorist trends and analyzes the internal security policies that have been initiated by the member states of the European Union (EU), both singularly and collectively, to combat terrorism in Western Europe. Throughout the book the theme of liberal democratic legitimacy and accountability is stressed, something that is brought particularly to bear on the latest EU internal security provision - the Maastricht Third Pillar.
Although there is a vast body of literature covering the ongoing debates concerning the novelty and gravity of the contemporary terrorist threat, as well as the most appropriate response to it, few authors have thus far analysed the complex set of counterterrorism measures that both the individual Member States and the European Union (EU) have attempted to develop. This volume offers a critical analysis of the measures the European Union has taken to combat terrorism and how, in a number of key areas, EU counterterrorism policy is more of a paper tiger than an effective counterterrorism device. Several legal EU counterterrorism instruments have not been properly implemented at the national level and questions have been raised regarding their effectiveness, appropriateness, and proportionality. The capabilities of EU agencies in the area of counterterrorism remain rather weak and the EU Counterterrorism Coordinator does not have any real powers apart from persuasion. However, this does not mean that EU level action cannot offer any value-added in the fight against terrorism. There are several areas where the EU can provide genuine value-added in the fight against terrorism due to the transnational nature of the contemporary terrorist threat and the nature of a borderless Europe.
The Treaty on the European Union stipulates that one of the key objectives of the Union is to provide citizens with a high level of safety within an Area of Freedom, Security and Justice. Given that the fight against terrorism is a prominent aspect of this general objective, it is remarkable that, in spite of its political relevance and decade-long history, it has only relatively recently received due attention in the academic community. Yet an analysis of the successes and failures of the EU's involvement in this field is imperative and this is a particularly pertinent moment to take stock of progress. The goal of this book is therefore to look back at the post-9/11 period and answer the question of whether, when it comes to the measures taken to combat terrorism following these attacks, the EU has lived up to the promise made in its founding treaties. In pursuing this goal, this volume presents the views of leading experts casting a critical eye over the EU's performance, recognising achievements but also being suitably critical when the realities did not match the European rhetoric. In doing this, the book makes a significant contribution not only to the scholarly investigation of European Union policies, but also to the study of counter-terrorism in general. This book was published as a special issue of Intelligence and National Security.
Since the coming into force of the Lisbon Treaty in 2009, and the contemporaneous publication of the Stockholm Programme, the area of freedom, security and justice has obtained a more secure legal basis within the EU treaty framework and now has a coherent policy programme set out for its development. A key aspect in the area of freedom, security and justice are the EU’s provisions dealing with counter-terrorism. This book examines the rapidly emerging area of EU law and policy on counter-terrorism, addressing these twin disciplines from both a theoretical and practical perspective. The Evolving EU Counter-Terrorism Legal Framework is the first comprehensive exposition of EU anti-terrorism law, bringing together laws and policies on terrorism from across the three distinct EU pillars, as well as exploring the legal framework for EU external relations in counter-terrorism. In focusing on this challenging area of EU legal policy which is presently under construction, the book brings greater clarity and critical analysis to the existing legal framework currently in place. In addition to considering the current legal circumstances, Maria O'Neill goes on to highlight potential difficulties which may occur in the future and suggests possible avenues for development of counter-terrorism provisions.
This book investigates counterterrorism responses from a strategic-culturalist perspective, focusing on France and Italy in the post-9/11 era. Terrorism occupies a predominant space within contemporary political debate across all European countries. Recent attacks in Europe have raised many questions about the status of counterterrorism structures within European countries, revealing a wide range of practical as well as discursive security implications. This work provides an original contribution to the understanding of counterterrorism by asking how values, norms, and a shared sense of identity matter in policy dynamics. It explores and assesses which cultural elements are relevant for the fight against terrorism and investigates the impact which these elements can have on practical approaches to terrorism. Despite the current attention to terrorist attacks in Europe, the cases of France and Italy in counterterrorism affairs are particularly overlooked by the existing literature; this book analyses, questions, and examines the strategy of these two countries through the instruments offered by the culturalist approaches to strategy. This book will be of much interest to students of terrorism studies, discourse analysis, European politics, security studies, and international relations in general.
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
This book examines the evolution of counter-terrorism (CT) policies in liberal democracies since 2001, with a specific focus on the case of Belgium. What is counter-terrorism (CT)? While the answer to this question may seem self-evident, it has become quite complicated to define the contours of a field that has expanded dramatically in the two decades since the 9/11 attacks. The development of "softer" policies, dealing with the prevention of radicalisation, has blurred the limits of CT. Through the use of public policy theory and an in-depth case study on Belgium, the book identifies the key factors influencing CT policy-making, both domestically and internationally, and offers an explanation for the development of a more comprehensive CT agenda across Europe. It provides an innovative theoretical approach and is also based on extensive interviews with key counter-terrorism officials and analysis of key policy documents. The book concludes by identifying some key drivers of change and offers an embryonic theory of CT policy-making. The book will be of much interest to students and practitioners of counter-terrorism, radicalisation, European politics and security studies.