Police Cooperation and Sovereignty in the EU: Norway’s Lessons for Europe, 1st Edition (Hardback) book cover

Police Cooperation and Sovereignty in the EU

Norway’s Lessons for Europe, 1st Edition

By Synnøve Ugelvik

Routledge

286 pages

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Hardback: 9781472486776
pub: 2018-07-26
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Description

The State and the police are traditionally seen as closely connected phenomena. Today, however, rapid EU legal developments mean that European police forces are no longer tied to a specific national legal context or a specific territory in the way they used to be.

Norway is not a member of the EU. Or is it? This book shows that although it lacks formal membership status, Norway has become part of almost all of the major EU police cooperation measures and agreements. Not only does this mean that foreign police forces may operate on Norwegian territory and vice versa, but in addition, a wide range of EU regulations and cooperation instruments are incorporated directly into Norwegian law. With the increased focus on international and transnational police cooperation in mind, what does it mean to be a sovereign state in Europe today?

This book combines strong legal and theoretical analyses of a specific national system to show how this country is tied to and dependent on a wider international and supranational system of legal rules, technologies and concepts. This makes the book relevant not only for the Norwegian prosecution and police authorities, but also for readers outside Norway interested in exploring how and whether the police as a modern state function has changed through the implementation of international cross-border cooperation mechanisms.

Reviews

'The world of police and judicial cooperation in the EU is a highly complex one, filled with dilemmas. Whereas sovereignty remains the leading principle, internationalization of (organized) crime continuously calls for extensive information exchange and joint operations between enforcement agencies. This book presents an overview of legal and practical developments in both the EU and Norway. Anyone who is interested in cross-border law enforcement cooperation should read it!'

Toine Spapens, Tilburg University, Netherlands

'European police cooperation is a timely, yet often challenging topic for lay and academic observers alike. This comprehensive, systematic and authoritative book is invaluable in helping readers gain an overview of this important field, and will be extremely useful to students, scholars and practitioners for years to come.'

Katja Franko, University of Oslo, Norway

'This book makes an important contribution to police literature by analyzing the impact of international and EU police cooperation on internal security and policy of a non-EU member state (Norway). The conclusion that EU police cooperation challenges Norwegian sovereignty and impacts on crime policy choices and priorities sheds a crucial new light on the consequences of cross-border policing.'

Antoinette Verhage, Ghent University, Belgium

`[T]he book offers readers a detached and unbiased external point of view about the impact of EU and international police cooperation at EU level on the sovereignty of states. Above all, the author has written one of the most comprehensive and thought-provoking books on the subject of international policing inside the EU.'

Policing: A Journal of Policy and Practice: https://doi.org/10.1093/police/pay094

Table of Contents

1 INTRODUCTION

1.1 CONTEXT AND THE ISSUES AT STAKE

1.2 INTRODUCING THE NORWEGIAN POLICE

1.3 ON SOVEREIGNTY

1.4 METHODS

1.5 RESEARCH QUESTIONS AND THE WAY FORWARD

PART I: NORWAY AND THE EU

2 THE POLICE ACT OF 1995: THE MODERN NORWEGIAN POLICE ORGANISATION

2.1 POLICE WORK IN NORWAY: WHAT SHOULD THE POLICE DO, AND HOW SHOULD THEY DO IT?

2.2 POLICE COMPETENCES, INCLUDING RULES OF CONDUCT AND PROCEDURE

2.3 CONTEXT AND SYNTHESIS OF THE 1995 POLICE ACT

2.4 THE STRUCTURE AND UNITS OF THE NORWEGIAN POLICE

3 THE NORDIC POLICE COOPERATION OUTSIDE OF THE EU SYSTEM

4 THE DEVELOPMENT OF EU CRIME CONTROL POLICIES AND THE NORWEGIAN (NON) MEMBERSHIP

4.1 FROM WORLD WAR II TO SCHENGEN

4.2 THE EC VIA THE SINGLE MARKET TO THE UNION

4.3 THE AREA OF FREEDOM, SECURITY AND JUSTICE, AND THE CONSTITUTIONAL CHANGES

5 THE DEVELOPMENT OF POLICE COOPERATION WITHIN THE EU

5.1 COUNCIL OF EUROPE

5.2 TREVI – EUROPOL

6 NORWAY – INSIDE OR OUTSIDE?

6.1 NORWAY AND THE EEA

6.2 THE SCHENGEN COOPERATION

6.3 FROM 'NO' TO 'YES, PLEASE': WHAT CHANGED?

7 INTERNAL SOVEREIGNTY: THE QUESTION OF MEMBERSHIP

7.1 BECOMING A MEMBER

7.2 THE OBLIGATION TO JUSTIFY

7.3 TWO JUSTIFICATIONS: NORDIC RELATIONS AND CROSS-BORDER CRIME

7.4 MOVING IN: FROM THE EEA TO THE SCHENGEN

7.5 CONSIDERING SOVEREIGNTY INFRINGEMENTS

8 EXTERNAL SOVEREIGNTY: NORWAY AND EU INSTITUTIONS

8.1 THE EU POLITICAL INSTITUTIONS

8.2 THE COURT OF JUSTICE OF THE EUROPEAN UNION

8.3 INFLUENCE AND THE SCHENGEN MIXED COMMITTEE

8.4 FOREIGN COURTS WITH JURISDICTION OVER NORWEGIAN POLICE ACTIVITIES

8.5 JURISDICTION AND INVESTIGATION

8.6 EFFECTS FOR THE STATE AND STATE SOVEREIGNTY

PART II: EU POLICE COOPERATION: THE PRACTICAL REGULATIONS AND THEIR IMPACT ON NORWAY

9 INFORMATION EXCHANGE AND ANALYSIS

9.1 INFORMATIONAL POLICE WORK IN NORWAY

9.2 THE SCHENGEN INFORMATION COOPERATION

9.3 OTHER AVAILABLE DATABASES

9.4 EUROJUST

9.5 DIFFERENCES AND SIMILARITIES BETWEEN THE SYSTEMS

10 ACTIONS FOLLOWING HITS IN THE DATABASES

10.1 REQUESTS FOR SURVEILLANCE OR SPECIFIC CHECKS

10.2 ARREST

11 LIAISON OFFICERS: BETWEEN OPERATIONAL AND NON- OPERATIONAL COOPERATION

12 NATIONAL LAW ENFORCEMENT ON FOREIGN TERRITORY: OPERATIONAL COOPERATION

12.1 THE DEVELOPMENT AND CONTENT OF THE RELEVANT NORWEGIAN LEGAL BASIS

12.2 HOT PURSUIT AND CROSS-BORDER SURVEILLANCE

12.3 CONTROLLED DELIVERIES AND COVERT INVESTIGATION

12.4 CONSIDERING THE OPERATIONAL COOPERATION

13 JOINT OPERATIONS AND INVESTIGATIONS

13.1 JOINT INVESTIGATION TEAMS

13.2 JOINT OPERATIONS

13.3 MANAGING INVESTIGATION IN NORWAY

13.4 DISCUSSING THE DEVELOPMENT OF OPERATIONAL COOPERATION, JOINT OPERATIONS AND INVESTIGATIONS

14 IMPACT ON THE NORWEGIAN POLICE

14.1 THE WIDER EFFECTS OF THE NORWEGIAN SCHENGEN COOPERATION

14.2 EXTRATERRITORIAL PROXIMITY POLICING

15 IMPACT ON NORWEGIAN SOCIETY

15.1 THE PUBLIC

15.2 THE CONCEPTS OF THE POLICE ACT SECTION 1: WHAT DOES ‘STATE’ AND ‘COMMUNITY’ MEAN?

15.3 AN EU SOVEREIGN?

15.4 CONCEPT CHANGE IN A POST-WESTPHALIAN SYSTEM

15.5 OUTLOOK: A RETURN TO PROXIMITY POLICING

16 BIBLIOGRAPHY

16.1 NORWEGIAN LEGISLATION AND PUBLIC DOCUMENTS

16.2 NORDIC LEGISLATION, AGREEMENTS AND OTHER DOCUMENTS

16.3 EUROPEAN UNION POLICY AND LEGISLATIVE DOCUMENTS

16.4 INTERNATIONAL CONVENTIONS

16.5 COURT DECISIONS

16.6 REPORTS, OPINIONS, POLICY PAPERS, ETC.

About the Author

Synnøve Ugelvik is Associate Professor at the Department of Public and International Law at the University of Oslo. She holds a PhD in Law from the University of Oslo and has previously worked as a deputy judge and public prosecutor at the Norwegian Director of Public Prosecutions Office. Her research interests include penal law, criminal procedural law, European police cooperation and police history. She is co-editor of Justice and Security in the 21st Century: Rights, Risks and the Rule of Law. Her research has appeared in international and Scandinavian journals such as the European Journal of Criminology, European Journal of Policing Studies and Retfærd.

About the Series

Transnational Criminal Justice

Transnational Criminal Justice

The concept of ‘transnational criminal justice’ has frequently been interpreted in the academic literature as ‘international criminal justice’ or ‘global criminal justice’. Many publications that use the term ‘transnational’ therefore discuss international criminal justice and international legal frameworks. Another form of studies that has developed under the umbrella of transnationality in the field of criminal law is comparative. There has hence been a move from the terminology of ‘international’, ‘global’ and ‘comparative’ criminal justice towards ‘transnational’ criminal justice.

This series considers these developments, but focuses primarily on publications that adhere to a more literal interpretation of the term ‘transnational’. The aim of the series is to provide a forum for discussion of bilateral and multilateral relationships between nations in the field of criminal justice. International law influences these relationships, but is not the focus here. Equally, to explain transnational relationships, comparative analyses are required. While incorporating comparative studies in this series, their aim is the explanation of challenges to criminal justice cooperation in bilateral or multilateral relationships.

 

Saskia Hufnagel is a qualified German legal professional and accredited specialist in criminal law. She currently works as Lecturer in Criminal Law at Queen Mary University of London. She previously worked as a Research Fellow at the Australian Research Council Centre of Excellence in Policing and Security, Griffith University, Australia, and was a Leverhulme Fellow at the University of Leeds. Her main research areas encompass law enforcement cooperation in Asia, North America, the EU and Australasia, comparative constitutional and human rights law with a focus on terrorism legislation and emergency management and the policing of art crime. Her monograph Policing Cooperation Across Borders: Comparative Perspectives on Law Enforcement within the EU and Australia (Ashgate) was published in 2013. Saskia was awarded an LL.M. (2004) and a PhD in Law (2011) by the Australian National University.

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Subject Categories

BISAC Subject Codes/Headings:
LAW026000
LAW / Criminal Law / General
LAW027000
LAW / Criminal Procedure
SOC000000
SOCIAL SCIENCE / General
SOC004000
SOCIAL SCIENCE / Criminology