The European Union and Internal Security

The European Union and Internal Security

One Europe or Several? Series Editor: Helen Wallace The One Europe or Several? series examines contemporary processes of political, security, economic, social and cultural change across the European continent, as well as issues of convergence/divergence and prospects for integration and fragmentation. Many of the books in the series are crosscountry comparisons; others evaluate the European institutions, in particular the European Union and NATO, in the context of eastern enlargement. Titles include: Sarah Birch, Frances Millard, Marina Popescu and Kieran Williams EMBODYING DEMOCRACY Electoral System Design in Post-Communist Europe Andrew Cottey, Timothy Edmunds and Anthony Forster (editors) DEMOCRATIC CONTROL OF THE MILITARY IN POSTCOMMUNIST EUROPE Guarding the Guards Anthony Forster, Timothy Edmunds and Andrew Cottey (editors) THE CHALLENGE OF MILITARY REFORM IN POSTCOMMUNIST EUROPE Building Professional Armed Forces Andrew Jordan THE EUROPEANIZATION OF BRITISH ENVIRONMENTAL POLICY A Departmental Perspective Valsamis Mitsilegas, Jörg Monar and Wyn Rees THE EUROPEAN UNION AND INTERNAL SECURITY Guardian of the People? Helen Wallace (editor) INTERLOCKING DIMENSIONS OF EUROPEAN INTEGRATION One Europe or Several? Series Standing Order ISBN (outside North America only) 978-0-333-94630-5 You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBN quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England

The European Union and Internal Security Guardian of the People? Valsamis Mitsilegas Research Associate, Centre for European Politics and Institutions, University of Leicester, UK Jörg Monar Professor of Contemporary European Studies, Sussex European Institute, University of Sussex, UK and Wyn Rees Reader in International Relations, University of Nottingham, UK

Valsamis Mitsilegas, Jörg Monar and Wyn Rees 2003 Softcover reprint of the hardcover 1st edition 2003 978-0-333-96861-1 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2003 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin s Press, LLC and of Palgrave Macmillan Ltd. Macmillan is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-1-349-42864-9 DOI 10.1057/9780230504387 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Mitsilegas, Valsamis, 1971 The European Union and internal security : guardian of the people? / Valsamis Mitsilegas, Jörg Monar, and Wyn Rees. p. cm. (One Europe or several?) Includes bibliographical references and index. 1. Internal security European Union countries. 2. Illegal aliens European Union countries. 3. European Union countries Emigration and immigration. 4. Crime prevention European Union countries. I. Monar, Jörg. II. Rees, Wyn, 1963 III. Title. IV. Series. HV8194.M57 2003 363.2 3 094 dc21 2002035526 10 9 8 7 6 5 4 3 2 1 12 11 10 09 08 07 06 05 04 03 ISBN 978-0-230-50438-7 (ebook)

Contents Introduction 1 1 The Development of the EU as an Internal Security Actor 6 Obstacles and negative development factors 7 Positive development factors 19 The major treaty reforms of the 1990s: from Maastricht to Amsterdam 31 2 The Securitisation of Organised Crime and Illegal Immigration 42 Introduction 42 A changing view of security 45 Securitising organised crime and illegal immigration 46 Assessing the nature of the threat 51 The EU model of internal security 59 3 The Problems of Organised Crime and Illegal Immigration in Western Europe 62 An introduction to the problem 62 Accounting for the increase in organised crime and illegal immigration 63 The transnational organised crime phenomenon in Europe 66 Commodity crime 70 Money laundering 76 Illegal immigration 77 4 The Development of Policies on Organised Crime and Illegal Immigration Post-Amsterdam 84 The Amsterdam Treaty: the European Union as an area of freedom, security and justice 84 The Amsterdam Treaty: provisions on organised crime and illegal immigration 86 The policy impetus: Action Plans and the Tampere Conclusions 88 EU measures against organised crime and illegal immigration: an integrated strategy 95 v

vi Contents Criminalisation: the development of EU-wide criminal offences 95 Prevention: the involvement of the private sector and civil society in the fight against organised crime and illegal immigration 109 Policing 114 Judicial cooperation 117 The European Union as an international internal security actor 123 5 The Challenge of the Eastern Enlargement 126 The specificity of the challenge of enlarging the Area of Freedom, Security and Justice 126 The main dimensions and problems of diversity in the context of the eastward enlargement 131 EU responses to the challenge of enlarging the Area of Freedom, Security and Justice 148 Meeting the challenge: before and after accession 154 The question of the EU demanding too much, and the issue of trust 158 Conclusion 161 Notes 167 Bibliography 189 Index 199