European Union (EU) institutions have become increasingly involved in direct policy implementation in the member states, creating a new domain of differentiation in EU governance. What brings about ...such differentiation, and how does it vary across policy fields? Drawing on theories of differentiated integration, this article argues that differentiated implementation occurs at the intersection of postfunctional obstacles (politicisation) and functional pressures for joint implementation (interdependence). There are two identified dimensions of direct implementation, a territorial one referring to states' participation in such activities, and a procedural one capturing the degree of uniformity in the guidelines for organising implementation. The resulting typology is applied to direct implementation activities (DIAs) conducted by EU agencies alongside national authorities. The qualitative analysis reveals that differentiated participation is a stable feature of DIAs in politicised fields, and although there is a tendency to create more uniform procedures over time and across policy fields, higher uniformity prevails under symmetric interdependence.
The paper approaches preventive justice and big data from a predictive policing point of view. Predictive policing is a controversial technology because of the many risks it imposes on fundamental ...rights. Through use cases from the EU, the paper focuses on how the implementation of predictive policing technologies has been limited in the EU but also how difficult the limitations might be due to the high hopes set upon technology. Although predictive policing technologies are not yet used in Finland by the police, the paper discusses how the use of police powers is limited in Finland and how fundamental rights control in the democratic process will work if the police were willing to adopt such technology.
The global proliferation of drug trafficking represents a significant challenge to public health, safety, and national security. International cooperation is imperative to combat this transnational ...threat effectively. This study examines the role of information exchange as a cornerstone of collaborative efforts among nations in the fight against drug trafficking. Drawing on an extensive review of international agreements, legal frameworks, and operational practices, this article studies the mechanisms facilitating the sharing of intelligence, data, and expertise among law enforcement agencies, intergovernmental organizations, and other stakeholders. The analysis reveals that successful information exchange relies on the establishment of trust, the development of standardized protocols, and the harmonization of legal frameworks across jurisdictions. Additionally, the study underscores the critical role of technology in enhancing the speed and accuracy of information dissemination, enabling real-time coordination among international partners. The article highlights the importance of capacity-building initiatives to strengthen the capabilities of less resource-endowed nations to participate effectively in information exchange networks. In conclusion, this article demonstrates that information exchange serves in international efforts to combat drug trafficking. By leveraging technological advancements, fostering trust, and harmonizing legal frameworks, nations can enhance their collective capacity to disrupt and dismantle transnational drug networks. The findings of this study offer valuable insights for policymakers, law enforcement agencies, and practitioners engaged in formulating and implementing strategies to address this pervasive global challenge.
This article aims to critically evaluate how the legal framework of the Schengen Information System (SIS) and its practical implementation have evolved to address concerns regarding the phenomenon of ...foreign terrorist fighters (FTFs) and which operational and fundamental rights challenges this evolution poses. In that regard, emphasis is placed on two examples: first, the article examines the maximised operationalisation of alerts on discreet checks under Article 36 of the SIS Regulation on police and judicial cooperation in criminal matters. Then, focus is placed on the forthcoming iregistration of alerts on third-country nationals in the interest of the Union based on Regulation 2022/1190. These alerts will be registered in the SIS with the increased involvement of Europol following information received by third countries or international organisations.
The United Kingdom's justice landscape is set to look very different post-Brexit. This Insight explores what form future UK-EU justice arrangements are likely to take. Focus is specifically on ...extradition, police cooperation through Europol, and information and data sharing. It considers the implications likely future arrangements will have for the UK, with insights on Northern Ireland.
The European Union (EU) seeks to play a leading role in steering the private work of online content moderation, as demonstrated by numerous policy and legislative initiatives in the domain. Two ...initiatives, in particular, are shaping terrorist content moderation: the creation of a EU Internet Referral Unit and the adoption of a Regulation on preventing the online dissemination of terrorist content (TERREG). This article analyses these initiatives and their practical effects. In particular, it unpacks the legal and technological mechanisms at the core of EU regulation in the realm of online terrorist content moderation, and how they co‐produce security decisions across public and private spheres. Based on interviews, fieldwork observations and document analysis, we show how processes of referral and removal, and processes of flagging and filtering are key to EU‐directed content moderation. In conclusion, we reflect on content moderation as a novel form of European security integration.
The article presents the EU Commission’s legislative initiative to amend the current Regulation of 2016, which defines powers and functions of the EU Agency for Law Enforcement Cooperation (Europol). ...The author cites the arguments used by the EU Commission in its decision to expand the functions and powers of the agency: the successful acquisition of new technologies by criminal gangs, the challenges of digital threats for law enforcement and judicial agencies of Member States, which find it difficult at the national level to properly process big data for the investigation of cross-border crimes. The article analyses the main thematic blocks of the new Regulation: enabling Europol to cooperate in the fight against criminal offenses with private parties; empowering the agency to carry out preliminary processing of big and complex databases; strengthening the role of Europol in the field of research and innovation; enabling Europol to enter alerts into the Schengen Information System, etc. The author believes that the expansion of Europol's operational powers brings it one step closer to the «European FB», i.e., an organization of a supranational nature. At the same time, the author cites the arguments of the reform’s opponents, including the political groups of the European Parliament and human rights organisations, which can be divided into two groups: a) under the pretext of ensuring security, the Commission legalises the current practice of Europol, which has gone beyond its current mandate, b) the new functions of the agency for processing a big data pose a threat to the citizens’ rights.
PDF
