University of Birmingham the European Union As a Counter-Terrorism Actor
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University of Birmingham The European union as a counter-terrorism actor: right path, wrong direction? Wade, Marianne DOI: 10.1007/s10611-013-9472-8 License: None: All rights reserved Document Version Peer reviewed version Citation for published version (Harvard): Wade, M 2013, 'The European union as a counter-terrorism actor: right path, wrong direction?', Crime, Law and Social Change, vol. 62, no. 3, pp. 355-383. https://doi.org/10.1007/s10611-013-9472-8 Link to publication on Research at Birmingham portal Publisher Rights Statement: A definitive version was subsequently published in the above cited journal at the above DOI address. The final publication is available at link.springer.com. Eligibility checked for repository: December 2014 General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. 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AUTHOR'S PROOF Metadata of the article that will be visualized in OnlineFirst 1 Article Title The European union as a counter–terrorism actor: right path, wrong direction? 2 Article Sub- Title 3 Article Copyright - Springer Science+Business Media Dordrecht 2013 Year (This will be the copyright line in the final PDF) 4 Journal Name Crime, Law and Social Change 5 Family Name Wade 6 Particle 7 Given Name Marianne 8 Corresponding Suffix 9 Author Organization University of Birmingham 10 Division Birmingham Law School 11 Address West Midlands, UK 12 e-mail [email protected] 13 Received 14 Schedule Revised 15 Accepted 16 Abstract 17 Keywords separated by ' - ' 18 Foot note information AUTHOR'S PROOF JrnlID 10611_ArtID 9472_Proof# 1 - 18/07/2013 Crime Law Soc Change DOI 10.1007/s10611-013-9472-8 31 2 The European union as a counter–terrorism actor: right 4 path, wrong direction? 5 Marianne Wade 6 Q1 7 # Springer Science+Business Media Dordrecht 2013 8 9 Introduction 10 The challenges presented by terrorism to our governments in the past decade have led 11 to fundamental changes in many things. The way we travel and the way we bank 12 have, for instance, changed perceivably. Some avoid travelling to the USA—the 13 country formerly known as “the leader of the free world”—out of a desire to avoid 14 the need for a passport featuring biometric information or “being treated as a 15 criminal” surrendering fingerprints at the point of entry. The more data protection 16 aware amongst us may have changed the way we use the internet and other forms of 17 communication technology or simply accepted the feeling that we can be watched at 18 all times. Less obviously, a new security architecture has emerged around us and for 19 Europeans, the EU looms large within it.1 20 Not all changes in this setting can be ascribed to terrorism; the post-Lisbon EU2 is 21 undoubtedly a creature very different to anything envisaged by the founding fathers 22 of its origin European Communities -, nor do all of those perhaps associated with the 23 threat of terrorism connect to counter-terrorism in a logical way when examined 24 closely. Nevertheless, there is no denying that terrorism and the desire of European 25 governments to counter it effectively, have driven changes; spear-headed impulses for 26 change which have deeply changed some aspects of our lives and the role the EU 27 plays in relation to them. The dynamics of reform have been so pervasive, it is almost 28 shocking toUNCORRECTED reflect upon all that has shifted in the past ten years. PROOF 29 It is no coincidence that within those 10 years the EU has emerged as a security 30 and criminal justice actor of entirely new dimensions. The Treaty of Lisbon which 31 1For more general commentary see Wuertenberger et al. [117] 2The Treaty of Lisbon is an international agreement between the EU member states that amends prior treaties to consolidate EU competence and restructure its bureaucracy post eastward expansion. It has introduced very significant changes to the EU’s profile as a criminal justice actor providing it, e.g. with a competence to require the use of criminal law to combat fraud against its financial interests. It also includes a legal basis for the creation of a European Public Prosecutor’s Office (EPPO)—See Consolidated Version of the Treaty on European Union [6] Treaty on the Functioning of the European Union [7; arts. 325 and 86] M. Wade (*) Birmingham Law School, University of Birmingham, West Midlands, UK e-mail: [email protected] AUTHOR'SJrnlID 10611_ArtID 9472_Proof# PROOF 1 - 18/07/2013 M. Wade came into force on the 1st of December 2009 leaves us in no doubt of this. 32 The facilitating role of the economic supra-national community which lent its 33 organs for use by its member states in the inter-governmental third pillar has 34 been replaced by a supra-national entity with a clear role as a criminal justice 35 actor. Article 83 (1) of the Treaty of the Functioning of the European Union for 36 example states: 37 The European Parliament and the Council may, by means of directives adopted 3839 Q2 in accordance with the ordinary legislative procedure, establish minimum rules 40 concerning the definition of criminal offences and sanctions in the areas of 41 particularly serious crime with a cross-border dimension resulting from the 42 nature or impact of such offences or from a special need to combat them on a 43 44 common basis. 45 These areas of crime are the following: terrorism, trafficking in human beings and 46 sexual exploitation of women and children, illicit drug trafficking, illicit arms traf- 47 ficking, money laundering, corruption, counterfeiting of means of payment, computer 48 crime and organised crime. 49 On the basis of developments in crime, the Council may adopt a decision identi- 50 fying other areas of crime that meet the criteria specified in this paragraph.