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2021 | OriginalPaper | Buchkapitel

11. International Police Cooperation

verfasst von : Johann Wagner

Erschienen in: Border Management in Transformation

Verlag: Springer International Publishing

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Abstract

It is certainly understandable when states are perceived as passive and slow in comparison to the enormous flexibility of cross-border OC groups.

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Fußnoten
1
Gehl [18], p. 85.
 
2
European Commission, SPOC [11, 29].
 
3
Ibid.
Stability Pact Countries−Theme III−The fight against organised crime DT\441998EN.doc PE 302.064. Organised Crime: The Stability Pact Initiative to fight Organised Crime (SPOC) was designed to strengthen regional capacities to combat organised crime, in accordance with internationally recognised standards.
 
4
Regional Cooperation Council [24].
 
5
Council Decision [8].
At its meeting in Tampere on 15th and 16th October 1999, the European Council agreed to establish a network of national police training institutes. The Council Decision establishing the European Police College (CEPOL) follows on from that decision. Its objective is to step up cooperation between national police schools in order to promote a joint approach to the major problems encountered in fighting crime, preventing delinquency and maintaining law and order. This decision has been amended twice: Decision 2004/566/JAI gives CEPOL legal personality, and Decision 2004/567/JAI makes some changes at institutional level.
 
6
Convention on Police Cooperation in South Eastern Europe [5]. Article 1−Scope of the Convention The Contracting Parties shall strengthen their cooperation with respect to fighting threats to public security and/or order as well as with respect to prevention, detection and police investigation of criminal offences. This is done under national law, unless otherwise indicated in this Convention.
 
7
SEPCA [25].
 
8
SELEC [28]. SELEC is to provide support for Member States and enhance coordination in preventing and combating crime, including serious and organised crime, where such crime involves or appears to involve an element of trans–border activity. SELEC is based in Bucharest in Romania.
 
9
SEEPAG [26]. SEEPAG is an international mechanism of judicial cooperation, formed by the countries of the SEE region with an express intention of facilitating judicial cooperation in significant trans-border crime investigations and cases. This initiative recognises that as trans–border crime transcends national borders; the strategy for combating it must have regional as well as national dimension.
 
10
SECI [27].
 
11
SELEC [28].
 
12
SECI [21]. SECI member states are: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Greece, Hungary, Moldova, Montenegro, Romania, Slovenia, Serbia and Turkey.
 
13
Note from the author: Countries with observer status are: Belgium, Germany, Georgia, UK with Northern Ireland, Israel, Japan, the Netherlands, Austria, Slovakia, Spain, Czech Republic, and Ukraine.
 
14
SELEC [28].
 
15
WCO [34].
 
16
European Union [10].
 
17
UNODC [31].
 
18
United Nations [32].
 
19
SELEC [28].
 
20
Ibid. Organisational structure. Available from: https://​www.​selec.​org/​p150/​Organizational_​Chart Accessed on 16th January 2017.
 
21
Ibid. European Law Enforcement Centre [4]: Article 1 – Establishment.
The Member States hereby establish the Southeast European Law Enforcement Centre (hereinafter referred to as SELEC) to serve as a framework for cooperation among their competent authorities in order to fulfil the objectives of SELEC, p. 3. https://​www.​selec.​org/​p521/​Convention+of+th​e+Southeast+Euro​pean+Law+Enforce​ment+Center+(SELEC). Accessed on 16th January 2017.
 
22
Ibid. SELEC operational activities−task forces. Available from: https://​www.​selec.​org/​m115/​Operational_​Activities (Accessed on 16th January 2017).
 
23
Ibid. SELEC−Anti–Drug Trafficking Task Force established in 2000; coordinator is Bulgaria. Available from: https://​www.​selec.​org/​p259/​Anti_​Drugs_​Trafficking_​Task_​Force (Accessed on 16th January 2017).
 
24
Ibid. SELEC−Task Force Mirage on Countering Trafficking in Human Beings and Illegal Migration established in 2000; coordinator is Romania. Available from: https://​www.​selec.​org/​p280/​Task_​Force_​on_​Human_​Trafficking_​and_​Migrant_​Smuggling (Accessed on 16th January 2017).
 
25
Ibid. SELEC−Financial and Computer Crime Task Force established in 2001; coordinator is fYROM, sub-groups: Credit card fraud (Romania), cyber crime (Romania), money laundering (Moldova), intellectual property (Bulgaria), counterfeit money (fYROM). Available from: https://​www.​selec.​org/​p261/​Financial_​and_​Computer_​Crime_​Task_​Force (Accessed on 16th January 2017).
 
26
Ibid. SELEC−Anti–Fraud and Anti–Smuggling Task Force established in 2003; coordinators are Albania and Croatia. Available from: https://​www.​selec.​org/​p260/​Anti_​Fraud_​and_​Anti_​Smuggling_​Task_​Force (Accessed on 16th January 2017).
 
27
Ibid. SELEC−Stolen Vehicle Task Force established in 2002; coordinator is Hungary. Available from: https://​www.​selec.​org/​p262/​Task_​Force_​on_​Stolen_​Vehicles (Accessed on 16th January 2017).
 
28
Ibid. SELEC−Anti Terrorism Task Force established in 2003; main coordinator is Turkey, sub-groups: Trafficking in SALW (Albania); Trafficking in weapons of mass destruction (Romania); Terrorist groups (Turkey). Available from: https://​www.​selec.​org/​p263/​Anti_​Terrorism_​Task_​Force (Accessed on 16th January 2017).
 
29
Criminal Intelligence Service Austria (2017): ILECUs−Strengthening the Rule of Law and Good Governance in South East Europe by further Promoting International Law Enforcement Coordination Units, which Combat Transnational Organised Crime. ILECU countries are: Albania, Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia and Austria. Available from: https://​bim.​lbg.​ac.​at/​en/​ilecus-strengthening-rule-law-and-good-governance-south-east-europe-further-promoting-international-law-enforcement-coordination-units-which-combat (Accessed on 16th January 2017).
Swiss Regional Cooperation Program [30].
BKA [1]. The ILECUs I project, which was initially funded by the EU, is being further developed within the framework of a subcomponent of the following EU project, DET– (Drugs Economic Terrorism) ILECU II under the direction of the Austrian Federal Criminal Police Office are.
 
30
BKA [1]. Jörg Ziercke President now retired (2004–2014). Available from: https://​www.​bka.​de/​DE/​Presse/​Listenseite_​Pressemitteilung​en/​2012/​Presse2012/​121212_​Abschluss_​Projekt-DET-ILECU-II.​html (Accessed on 16th January 2017).
 
31
Ibid.
 
32
Federal Police [13].
 
33
Ibid. Federal Police [13].
 
34
Berlin.de [2].
 
35
Federal Ministry of the Interior [14].
 
36
Federal Police Headquarters [15].
 
37
Ibid.
 
38
Federal Ministry of the Interior [14].
 
39
Council Decision [6].
 
40
Council of the EU 6077/10/11 REV 10 [7]. Prior to any processing of personal data and to evaluating the implementation of Chap. 2 provisions, Member States have to guarantee the level of data protection and comply with all standards and procedures required by Chap. 6 of Council Decision 2008/615/JHA. To this end, they have to fill in the questionnaire set out in document 6661/1/09 REV 1 ADD 1 REV 1 CRIMORG 25 ENFOPOL 39 and send it to […].
 
41
Federal Ministry of the Interior [14].
Prüm Contract Signature States are Austria, Belgium, Germany, France, Luxembourg, Spain and the Netherlands. The agreement has so far been joined by Finland, Hungary, Norway and Slovenia. The following states have stated their intention to join the Prüm Treaty, which are Bulgaria, Greece, Italy, Portugal, Romania and Sweden.
 
42
Council Decision [6].
 
43
Federal Ministry of the Interior [14].
 
44
Ibid.
 
45
The Schengen acquis - Convention implementing the Schengen Agreement of 14th June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders Official Journal L 239, 22/09/2000 p. 0019–0062.
Hot Pursuit is the prosecution of an escaping suspect, convicted person or a person who has been caught in the act by police officers across national borders.[…] The pursuit in the Contracting States of the Schengen Convention is regulated in Article 40, by which officers of one of the Contracting Parties who, as part of a criminal investigation, are keeping under surveillance in their country a person who is presumed to have participated in an extraditable criminal offence shall be authorised to continue their surveillance in the territory of another Contracting Party where the latter has authorised cross-border surveillance in response to a request for assistance made in advance. Conditions may be attached to the authorisation. Only in the case of a particularly serious offense listed under Article 40 (7), a cross-border surveillance can be carried out without special prior consent. Art. 41 of the Schengen Convention regulates that […] officers of one of the Contracting Parties who are pursuing in their country an individual caught in the act of committing or of participating in one of the offences referred to in paragraph 4 shall be authorised to continue pursuit in the territory of another Contracting Party without the latter's prior authorisation where, given the particular urgency of the situation, it is not possible to notify the competent authorities of the other Contracting Party by one of the means provided for in Article 44 prior to entry into that territory or where these authorities are unable to reach the scene in time to take over the pursuit.
 
46
Ibid.
 
47
Ibid.
Article 73 (1) The Contracting Parties undertake, in accordance with their constitutions and their national legal systems, to adopt measures to allow controlled deliveries to be made in the context of the illicit trafficking in narcotic drugs and psychotropic substances.
United Nations Convention [33].
Article 2−Use of terms.
‘Controlled delivery’ shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence.
 
48
Federal Ministry of the Interior [14].
 
49
Polizei Baden Württemberg [23].
 
50
Note from the author: 24/7 stands for 24 h and 7 days a week, so permanent. A so-called ‚three-shift system’ consists of morning, afternoon and night shift.
 
51
Federal Ministry of the Interior [14].
 
52
Landespolizeidirektion [20].
 
53
Central European Police Academy [3].
 
54
Ibid.
 
55
Joint Declaration on cooperation within the framework of the Central European Police Academy [19] between the Federal Ministry of the Interior of the Republic of Austria, Ministry of the Interior of the Czech Republic, Federal Ministry of the Interior of the Federal Republic of Germany, Ministry of the Interior of the Republic of Hungary, Ministry for Home Affairs and Administration of the Republic of Poland, Ministry of the Interior of the Slovak Republic, Ministry of the Interior of the Republic of Slovenia, and Federal Department of Justice and Police of the Swiss Confederation.
 
56
Federal Ministry of the Interior [14].
Note from the author: The so-called forward displacement strategy is based on the action program of the Federal Government for combating drug abuse in 1980 and on the National Narcotic Control Plan of the Federal Government of 1990. Over time, the areas of OC and terrorism were included in the strategy.
 
57
Frontex [17].
 
58
Federal Ministry for Education and Research [16].
 
59
Schengen acquis−Convention implementing the Schengen Agreement of 14th June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders Official Journal L 239, 22/09/2000 p.0019–0062. Title IV−The Schengen Information System (SIS).
 
60
Note from the author: For further details, see Point 8.​7.
 
61
Council Decision of 6th of April 2009 establishing the European Police Office (Europol) (2009/371/JHA).The establishment of a European Police Office (Europol) was agreed in the Treaty on European Union of 7th February 1992, and regulated in the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention).
 
62
Council of the EU [7]. Prior to any processing of personal data and to evaluating the implementation of Chap. 2 provisions, Member States have to guarantee the level of data protection and comply with all standards and procedures required by Chap. 6 of Council Decision 2008/615/JHA.
 
63
The Charter of the United Nations was signed on 26th June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation and came into force on 24th October 1945. The Statute of the International Court of Justice is an integral part of the Charter.
 
64
Vienna Convention [5].
 
65
OSCE [22].
 
67
DHPol [9].
 
68
Federal Ministry of the Interior [14].
Note from the author: The so-called forward displacement strategy is based on the action program of the Federal Government for combating drug abuse in 1980 and on the National Narcotic Control Plan of the Federal Government of 1990. Over time, the areas of OC and terrorism were included in the strategy.
 
Literatur
1.
Zurück zum Zitat BKA (2012) Completion of the international police project DET-ILECUs II in Berlin BKA (2012) Completion of the international police project DET-ILECUs II in Berlin
4.
Zurück zum Zitat Convention of the Southeast European Law Enforcement Centre (2009) Convention of the Southeast European Law Enforcement Centre (2009)
6.
Zurück zum Zitat Council Decision 2008/615/JHA of 23rd June (2008) on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (‘Prüm Decision’) Council Decision 2008/615/JHA of 23rd June (2008) on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (‘Prüm Decision’)
7.
Zurück zum Zitat Council of the EU 6077/10/11 REV 10 (2011) Working Group on Information Exchange and Data Protection (DAPIX). Data protection requirements Council of the EU 6077/10/11 REV 10 (2011) Working Group on Information Exchange and Data Protection (DAPIX). Data protection requirements
8.
Zurück zum Zitat Council Decision of 22nd December (2000) establishing a European Police College [Official Journal L 336 of 30.12.2000], amended by Decisions 2004/566/JAI and Decision 2004/567/JAI Council Decision of 22nd December (2000) establishing a European Police College [Official Journal L 336 of 30.12.2000], amended by Decisions 2004/566/JAI and Decision 2004/567/JAI
10.
Zurück zum Zitat European Union (2017) The European Union Border Assistance Mission to Moldova and Ukraine (EUBAM) was launched in 2005. www.eubam.org. Accessed on 16th January 2017 European Union (2017) The European Union Border Assistance Mission to Moldova and Ukraine (EUBAM) was launched in 2005. www.​eubam.​org. Accessed on 16th January 2017
11.
Zurück zum Zitat European Commission (2005) Council Decision on the appointment of the special coordinator of the stability pact for South-Eastern Europe COM(2005) 595 final European Commission (2005) Council Decision on the appointment of the special coordinator of the stability pact for South-Eastern Europe COM(2005) 595 final
12.
Zurück zum Zitat European Commission (2013) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee of the regions establishing a European Law Enforcement Training Scheme European Commission (2013) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee of the regions establishing a European Law Enforcement Training Scheme
18.
Zurück zum Zitat Gehl G (2006) Europa im Griff der organisierten Kriminalität? Gehl G (2006) Europa im Griff der organisierten Kriminalität?
19.
Zurück zum Zitat Joint Declaration on cooperation within the framework of the Central European Police Academy (2001) between Austria, the Czech Republic, Germany, Hungary, Poland, Slovakia, Slovenia, and Switzerland Joint Declaration on cooperation within the framework of the Central European Police Academy (2001) between Austria, the Czech Republic, Germany, Hungary, Poland, Slovakia, Slovenia, and Switzerland
22.
Zurück zum Zitat OSCE, Ministerial Council, “Border Security and Management Concept (2005)—Framework for Co-operation by the OSCE Participating States,” 13th Meeting of the Ministerial Council, Ljubljana, December 2005, MC.DOC/2/05 OSCE, Ministerial Council, “Border Security and Management Concept (2005)—Framework for Co-operation by the OSCE Participating States,” 13th Meeting of the Ministerial Council, Ljubljana, December 2005, MC.DOC/2/05
24.
Zurück zum Zitat Regional Cooperation Council (2014) The RCC promotes mutual cooperation and European and Euro–Atlantic integration of South–East Europe. https://www.rcc.int/. Accessed on 15th January 2017 Regional Cooperation Council (2014) The RCC promotes mutual cooperation and European and Euro–Atlantic integration of South–East Europe. https://​www.​rcc.​int/​. Accessed on 15th January 2017
33.
Zurück zum Zitat United Nations Convention against transnational organised crime and the protocols thereto (2004) Adopted by the UN General Assembly Resolution 55/25 on 15th November 2000—United Nations Office on Drugs and Crime (UNODC) United Nations Convention against transnational organised crime and the protocols thereto (2004) Adopted by the UN General Assembly Resolution 55/25 on 15th November 2000—United Nations Office on Drugs and Crime (UNODC)
Metadaten
Titel
International Police Cooperation
verfasst von
Johann Wagner
Copyright-Jahr
2021
DOI
https://doi.org/10.1007/978-3-030-62728-7_11

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