Abstract
Europol’s international cooperation between ‘past present’ and ‘present future’: reshaping the external dimension of EU police cooperation.* * Assistant Professor in European Law, Erasmus University Rotterdam, The Netherlands. The author would like to thank the anonymous reviewers for their valuable comments. All websites accessed 31 December 2017.
Highlights
EU agencies[1] are interacting in various ways with actors outside the EU and they are becoming arguably more and more visible on the international arena
Existing studies range from exploring the forms and consequences of interactions between EU agencies and international institutions,[7] to more horizontal studies mapping out the external relations of these bodies and pointing to legal problems and tensions this may cause,[8] or addressing the legal status of EU agencies on the international plane,[9] to studies covering various facets of the international dimension of specific EU agencies.[10]
If such secondary law provisions are interpreted as allowing legally binding agreements to be concluded by the Commission and the EU agencies, one may argue that the EU legislator distorted the institutional balance under Article 218 TFEU
Summary
EU agencies[1] are interacting in various ways with actors outside the EU and they are becoming arguably more and more visible on the international arena. It expands Europol’s ratione materiae competence by supplementing the list of serious crimes,[36] and by adding ‘forms of crime which affect a common interest covered by a Union policy’.37 It further consolidates Europol’s core information-related tasks by establishing an obligation for the Member States to provide information to the agency.[38] Third, it aims to strengthen through the involvement of the European Data Protection Supervisor (EDPS) the supervision over Europol’s processing of personal data,[39] and to increase parliamentary supervision over Europol’s activities in line with Article 88(2) TFEU.[40] Fourth, the Commission is given a more influential role with regard to the agency.[41] Overall, the new Regulation can be seen as an important step towards transforming Europol from a ‘special’ agency into an ‘ordinary’ EU agency in line with the Common Approach on EU agencies. Europol’s international cooperation legal framework and practice under Council Decision 2009/371/JHA42
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