U.S.-EU cooperation on counter terrorism.

• Author: Kerber, Frank

Editor's Note: Many observers think that political and philosophical differences have driven the United States and Europe further apart in recent years. This is not the case with regard to law enforcement cooperation to counter terrorism, according to the recently retired point person for counter terrorism in the U.S. Mission to the European Union. In fact, he says, we are working together more closely than ever in this vital sector.--JRB

In the area of Justice and Home Affairs (JHA), the so-called Third Pillar of competencies within the European Union (EU), cooperation between the United States and the EU on law enforcement and counter terrorism has both broadened and deepened since 9/11. Despite some high-profile political and trade differences in recent years, the fact is that our common interest in combating global terrorism has enabled us to achieve a series of notable successes in forging working law enforcement relationships with the EU.

Member States still have the bulk of competence in the JHA area, although they have ceded competence to the Commission in certain border security areas like visas and immigration. In addition, it is important to note that EU law enforcement and counter terrorism institutions have no operational capacity; that is, the EU staff in these organizations do not have field law enforcement authority similar to agents of our FBI, Customs, Immigration or Drug Enforcement Agency. With some notable exceptions, both the Commission and the JHA Council Secretariat are largely staffed with people who have no practical field experience in law enforcement.

The U.S. perspective on cooperation with the EU

The United States faces a double challenge in working with the EU and its institutions on law enforcement and counter terrorism: We must strive to maintain productive bilateral working relationships with the individual Member States of the EU while at the same time working to forge cooperative relations with the emerging law enforcement and judicial institutions being established by the EU. These include Europol, Eurojust and the newly created border agency Frontex. The overall U.S. objective is to ensure that any cooperative arrangement with the EU and its institutions provides "value added" to existing bilateral law enforcement relationships. Since these are fledgling organizations still earning the confidence of the Member States, it is clear that any exchange of information or assistance will initially flow largely...