EU: Europol to become EU police force (feature)
01 November 1996
A little reported decision at the Dublin Summit on 13-14 December is contained in a single sentence of the "Presidency Conclusions", this states:
"Europol should have operative powers working in conjunction with the national authorities to this end."
In late November it had become clear that the German government had returned to its long-standing proposal that Europol should have operational powers to complement the planned intelligence-gathering role already agreed in the Europol Convention agreed by the 15 EU governments in July 1995 - all national parliaments have to ratify the Convention before it comes into effect (see below). This initiative is presented as following up the original German proposal in the Maaastricht Treaty, "Declaration on police cooperation", which said extending the "scope of cooperation" should be considered.
This commitment by the EU governments suggests that either the Europol Convention will be amended in 1997 or that a new separate Convention will be prepared.
Whatever form it takes the extension of Europol's power into the operational field would mean giving it's officers powers of arrest or, in a "joint" operation with national police forces, letting "national" officers make arrests based on intelligence and surveillance provided by Europol. This latter road would obviate the need to create an EU Prosecutors Office and an EU Police Complaints system.
The "harmonisation" of national laws and legal procedures would have to go hand in hand. This process is already underway - a series of "mutual legal assistance" Conventions have already been agreed. Tricky issue like extradition have also been tackled through the Convention on Simplified Extradition (March 1995) and the Extradition Convention (xxxxx, 1996).
Asylum to end within the EU
Also "hidden" in the Dublin Summit Conclusions is another legal provision it is intended to include in the new Treaty which will come out of the 1996 Intergovernmental Conference expected to be agreed in Amsterdam in June under the Netherlands Presidency. This states:
"The European Council asks the Conference to develop the important proposal to amend the Treaties to establish it as a clear principle that no citizen of a Member State of the Union may apply for asylum in another Member State, taking into account international treaties."
UNHCR and Amnesty International are opposing this change which would re-write the 1951 Geneva Convention granting the rights of all asylum-seekers to apply for refuge. These groups say that the EU cannot simply say human rights do not apply in one part of the world.
UK first to ratify Europol Convention
The final stage of the UK ratification of the Europol Convention was completed on 3 December after which it simply required the Queen signature. Under the archaic parliamentary procedures there was no debate or vote as it was presented under the "Ponsonby rules" which means it simply had to "lay" before parliament for 21 days (see Statewatch, vol 6 no 1). It was formally "laid" before parliament on 8 December 1995 but the process was not completed because the role of the European Court of justice remained unresolved until 26 July 1996 when a Protocol was agreed (see Statewatch, vol 6 no 4).
Under a bizarre UK parliamentary process a draft statutory instrument, "International immunities and privileges: The European Police Office (Legal Capacities) Order 1996", cropped up in the Second Standing Committee on Delegated Legislation in the House of Commons by order of the Clerk to the Privy Council.
EDU's role extended yet again
The roles of the Europol Drugs Unit (EDU) have been extended yet again to include "traffic in human beings". The EDU was originally set up in June 1993 to deal with drug trafficking. On 10 March 1995 three roles were added: trafficking in radioactive and nuclear substances, clandestine immigration networks, and vehicle trafficking. The latest