EU internal security: countering threats and/or respecting fundamental rights

Abstract

The EU's cooperation on internal security is a policy valued by member states. Indeed, the threats of terrorism and different forms of organised crime continue to be serious problems requiring the close cooperation of EU law enforcement authorities. A challenge of a different nature is the EU's ‘rule of law’ crisis, which undermines trust in the independence of judicial authorities – a precondition for many instruments in the Area of Freedom, Security and Justice to work smoothly. This policy paper looks ahead and presents two directions in which to develop the field of EU internal security. First, the EU may focus on strengthening fundamental rights and civil liberties within policies driven by a security rationale. The objective would be to maintain open societies and avoid the risk of Orwellian-style surveillance systems. Second, it may go in the opposite direction by improving the law enforcement toolbox and getting tougher on irregular migrants, criminals and terrorist suspects. This response can be framed as a strategy to appease a nationalistic wave and counter discontent with an ‘out-of-touch’ elite. Irrespective of the question of what to do, the EU will also have to decide how to proceed. The EU may either strengthen cooperation on the basis of intergovernmentalism or move towards a federalisation of European policing, although full federalisation including providing Europol with executive powers is not advised as an option.