Fight Against Terrorism Requires European Co-operation

Yesterday the European Commission unveiled its plans for the future of Europe. José Manuel Barroso, the president of the Commission, and his team submitted several proposals that merit an assessment. However, there is only one issue I would like to discuss here and now: European security. In an age of international terrorism and crime, this is not only topical; it also touches upon the very essence of the European Union. The inability to secure European citizens lives may jeopardise the European project altogether.

London, Madrid and the European Way

The difference between Member States’ involvement in the Iraq war and the terrorist attacks in Madrid on 11 March 2004 and London on 7 July 2005 has shown the range of security threats the Member States are confronted with. Indeed, the terrorist attacks on London and Madrid showed that Europe is not immune to international terrorism.

Furthermore, EU, NATO, UN, and other international military, peacekeeping, or humanitarian operations in Bosnia, Kosovo, Afghanistan, Iraq, and other countries have shown that war concerns the EU even after sixty years of peace in Western Europe.

However, in Europe both Foreign & Security Policy and Home & Justice Affairs are intergovernmental of nature. That means essentially that Brussels has to stay out en every Member State can veto any proposal within the ambit of these policy areas.

This may sound bad as it is, but it even gets worse when we consider that a little known provision in the EU’s founding treaty, the Treaty of Rome, allows Member States to deviate from any European law in case of exceptional emergencies.

A Reserve of National Sovereignty

The EU is founded on the principle of the rule of law and its laws take precedence over national law. Nevertheless, from a legal and institutional view, this system could fundamentally be damaged in case of a major disaster, terrorist attack or war. And that all because of a simple provision tucked away in the Treaty of Rome: Article 297.

This provision may be invoked by the EU’s Member States in three cases. First, when serious internal disturbances affect the maintenance of law and order. Second, in case of war or serious international tension constituting a war threat. Third, a Member State may deviate from European Law in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.

In other words: Article 297 underscores individual Member States’ competence regarding national and international security. It may be seen as a reserve of national sovereignty.

Joint European Action is the Remedy

What can be done to prevent the European political and legal order from collapsing? Simple: further joint European action. A remedy that has been working for sixty years.

The fact is that Article 297 may only be invoked if no other Treaty provision or other European law can tackle the emergency at hand. Where the European Union can act sufficiently, Member States may not rely upon this provision.

Consequently, with a view to securing the future of the European Union the best action Brussels can take is putting in place European emergency laws, contingency plans, counter terrorism units, rescue forces, and the like.

A Long Way to Go

To address this issue, the EU has made progress by adopting a European Security Strategy and an Action Plan for Civilian Aspects of the European Security and Defence Policy; by putting in place military and civilian emergency and crisis co-ordination arrangements; etcetera.

However, most of these initiatives are founded on the principle that individual Member States are primarily responsible for their national security. Policy documents underline this principle and emphasize that EU arrangements would need to respect fully national competences in this respect.

Furthermore, European policy makers often state that a specific action may be taken or a specific arrangement used only when a number of Member States simultaneously are affected by, for example, a terrorist attack. The European mechanisms do not address crisis co-ordination for emergencies affecting individual Member States.

Clearly, this is an open invitation to invoke Article 297.

Concluding Remarks

During the presentation of the Commission’s plans, Barroso reportedly has stated the following: "The public opinion of European citizens wants more action at the European level for security and police. Some governments may be prudent in this area, I am sure they will change their minds. The question is how long will it take to change their minds. That is why I say, should we wait for another terrorist attack in Europe to change their minds? Or should we do it now?"

He is right on two points. Yes, more measures at the European level are needed and yes, national governments must pool more of their sovereignty concerning national security, exactly in the interest of national security.

The commission will on June 28 set out new proposals to transfer a “large number” of justice measures, including police, judicial and counter terrorism powers to the EU institutions.

Let us hope that European leaders are by then willing to allow the European Union to act, before the terrorists do.

Copyright © 2006 Atilla Arda