From Convergence to Deep Integration: Evaluating the Impact of EU Counter-Terrorism Strategies on Domestic Arenas

Abstract

With the 2001 EU Action Plan and the 2005 EU Counterterrorism Strategy, the European Union has unfolded a roadmap for counter-terrorism measures and an itinerary of actions to be undertaken by the Member States. In some respects, the EU strategies, flanked by the Action Plans in the Area of Freedom, Security and Justice, as well as more concrete forms of cooperation such as the adoption of the EU Arrest Warrant, the Member States have been encouraged to use the same conceptual apparatus, to adopt the precautionary logic (pre-terrorism), and to adopt similar organizational models (multi-disciplinary cooperation) and tools (surveillance, public-private cooperation, etc.). This may have led to a level of convergence between the national counter-terrorism approaches, in line with what the Action Plan on Organized Crime in 1997 sought to achieve by demanding from Member States that they would adapt their national structures. The number of policy-impulses that has emanated from the EU Counterterrorism strategy and ensuing policy documents has been rather numerous. Moreover, this article seeks to take stock of whether all proposals have led to the full adoption and implementation of instruments. The article assesses whether the EU strategies have encouraged ‘deep integration’ between the Member States in terms of a common threat assessment, pooling resources, sharing intelligence, mutual legal assistance in anti-terrorist investigations, creating joint investigation teams and transferring suspects between Member States. The primary focus of this article will be on levels of legal convergence between six Member States.