Hackers Underworld 2: Forbidden Knowledge/Hackers Underworld 2: Forbidden Knowledge.iso/LEGAL/PVIEW.P18

Text File | 1991-08-05 | 11KB | 232 lines

JULY 1991


                        POINT OF VIEW:
             EUROPEAN LAW ENFORCEMENT AFTER 1992

                              By

                         Jan Blaauw


     Some 200 years ago, President George Washington made this
observation:  "Some day, taking its pattern from the United
States, there will be founded a United States of Europe."

     Whether the changes now taking place in Europe will
eventually prove Washington's prediction to be accurate remains
to be seen, but it is clear that the Western European community
has embarked on a path toward a level of integration and
cooperation unprecedented in its history.  This movement toward
integration will have profound effects upon almost every aspect
of European life and will produce fundamental changes in many
long-held institutions.

     Although the forthcoming changes in commerce and trade have
received much attention on both sides of the Atlantic--and the
Pacific for that matter--there has been very little discussion
outside Europe of the factors that will transform civil and
social institutions, including law enforcement, in the "new
Europe."  The fact is:  Significant changes for European law
enforcement will result from the 1992 agreement and now is the
time to begin to assess the potential problems and opportunities
that lie ahead.

BACKGROUND

     The Single European Act of 1987 introduces article 8a into
the European Economic Community (EEC) Treaty of 1957:

     "...that the Community shall adopt measures with an aim of
progressively establishing the internal market over a period
expiring on 31 December 1992...the internal market is an area
without internal frontiers in which the free movement of goods,
persons, services and capital is ensured in accordance with the
provisions of the Treaty."

     In addition, in June 1990, the so-called Shengen
countries--Germany, France, Holland, Belgium, and
Luxembourg--agreed to a series of long-term measures intended to
result in an internal border-free area within those nations.
This agreement is considered a pilot program for the seven other
European Community (EC) countries.

DISCUSSIONS WITHIN LAW ENFORCEMENT

     The elimination of internal frontiers will, of course, have
tremendous effects on policing after 1992 within and between the
12 EC countries.  Not surprisingly, widespread discussions on
this subject are presently taking place among the various police
forces of Western Europe.  However, any discussion concerning
law enforcement in Europe after 1992 will prove more fruitful if
considered in the context of three important elements:  Current
social reality, the contemporary international crime situation
and its relation to the European police, and realistic
strategies for coping with the coming changes.

Current Social Reality

     Since the end of World War II, Western Europe and the West
in general have experienced an era characterized by enormous
developments in various fields, such as communications and
transportation.  Never before had advances in science and
technology been adopted so quickly to transform people's daily
lives.

     These rapid developments have had significant results, some
of which were anticipated and some of which were not.  The
globe, in almost every sense, is smaller than it was at the
close of World War II.  Increased trade, instant communication,
mass tourism--we all know the many benefits of technology and
the effects of this trend toward globalization.

     Unfortunately, however, all the effects have not been so
positive.  Social unrest, manifested by those who consider
themselves disenfranchised from the general affluence around
them, has been particularly acute in Europe since the close of
the Second World War.  Crimes of a global nature, such as
terrorism, drug trading, and illegal immigration, tend to
increase yearly as criminals seek to manipulate the trend toward
globalization.

Contemporary Crime and the Police

     Crime in Europe has certainly managed to keep pace with the
developments outlined above.  In addition to a considerable
increase in all types of crime, organized international crime of
a European style has, over the past 10 to 15 years, undergone an
evolution, not only in scope but also in type, amount, and
frequency.  For example:

     *  The predicted Colombian cocaine bridgehead in Europe is
        well underway.  The drug trade, in general, is
        flourishing throughout the continent,

     *  Environmental crime, fueled by powerful and wealthy
        business interests, is on the rise,

     *  International car theft rings are already taking
        advantage of the crumbling Iron Curtain to expand
        territorial claims in the newly liberated countries of
        Eastern Europe.  There is every indication that drug
        rings will also attempt to take advantage of the fallen
        Iron Curtain to expand into these markets,

     *  Terrorist groups, such as the Irish Republican Army (IRA),
        Red Army Faction (RAF) and Basque Fatherland and Liberty
        (ETA), no longer confine themselves to their own
        country, but operate from several Western European
        countries.

     Police cooperation in Europe has a long history.  The
necessity to unify against common enemies and international
criminals was well understood 100 years ago and has since grown
steadily.

     Still, an effective continent-wide front against crime is
severely hampered by the fragmented structure of many European
police forces.  Most are tied to antiquated legal rules and
regulations not adjusted to today's crime.  Moreover, while a
high degree of cooperation may occur in special cases, such as
riots among rival football (soccer) supporters or investigations
into internationally based criminal organizations, there still
is lacking a comprehensive strategy to foster widespread
cooperation.

     Although some of the blame for this rests with the various
police forces, unwilling to yield jurisdiction and resources, a
large portion of responsibility for the failure to integrate
more effectively lies with politicians.  Many in Europe have
either ignored or denied the need for increased police
cooperation.  The result is an uneven and spotty record of
transborder enforcement.

     Fortunately, the coming political, economic, and social
changes provide a good opportunity to reevaluate the need for
increased police cooperation throughout Europe.  Politicians must
foster the will to see beyond their own borders and work to
develop effective law enforcement strategies for the European
community as a whole.

Realistic Strategies

     It must be understood that the planned elimination of
internal borders was designed on the basis of furthering
commercial opportunities and enhancing the economic status of
European countries, individually and as a group.  It was not
necessarily intended to further the development of internal
security or foster more effective international policing.
Therefore, the various police agencies in Europe must work
together to capitalize on the opportunities made available to
them by the 1992 agreement.

     These potential opportunities, if not adequately addressed
and planned for, could actually become obstacles to better
policing.  One thing is sure:  The international criminal will
be afforded new and different opportunities as a result of
relaxed internal boundaries in Europe.

     It should also be understood that the 1992 agreement, as it
now stands, does not establish a "United States of Europe," nor
is it likely to produce one in the near future.  The agreement
calls for no supranational governing body wit