textfiles/law/pviewp18.law

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 with legislative,
executive, or judicial powers superceding those of the member
countries.  Nor does it establish anything resembling the
federal system in the United States.  For these reasons, and
others, any discussion calling for the creation of a
European-style FBI is premature.  The more realistic approach is
for existing police forces to develop new dimensions of
cooperation.

     It will also be helpful to remember the aspects of European
life that will remain relatively unchanged after the 1992
agreement.  The member nations will include:

     *  12 different national cultures,

     *  12 different monetary systems and 12 central banks,

     *  12 different legal and judicial systems,                     

     *  12 different national government administrations,            

     *  12 different police organizations, and                       

     *  10 different languages.

     Given these rather formidable differences, how are the
different European police forces to go about forging closer
relationships?  One clear answer is through joint training.
Here, a cue can certainly be taken from the American model--the
FBI's National Academy (FBINA) at Quantico, Virginia.  In the
past 20 years, some 200 police officers from 22 European
countries have graduated from the FBINA.  And, while this
Quantico connection should remain an important training link
across the Atlantic, creation of a European Police Training
Academy is inevitable.  This academy will serve not only to
instruct but also to forge closer ties between the different
police forces of Europe.  A joint research center should also be
considered to consolidate resources and combine the scientific
potential of the various nations.

CONCLUSION

     While the 1992 agreement will have widespread impact on
many facets of European life, its intrinsic effect on policing
is not yet clear.  As international crime rises, the path Europe
chooses will have important consequences for many other
countries.  Although a comprehensive, federal-style,
investigative agency is not yet a practicality--nor is it
necessarily advisable in the near future--European police forces
should embrace the spirit of cooperation and integration
heralded by the 1992 agreement.  The opportunities presented by
this movement toward economic union will not be missed by the
international criminal, and therefore, must not be missed by the
European law enforcement community.


     Editors Note:  The 12 members of the European Economic
Community (EEC) will move toward greater integration with an
agreement, taking effect December 31, 1992, greatly reducing
internal barriers between the member nations.