Obstacles to supranational operational police powers in the European union: Europol reform and the construction of trust between national police authorities

Abstract

In the three decades since it was established in the context of a secretive and technocratic intergovernmental organization, Europol has evolved into a European Union agency with some, albeit limited, supranational capacities. This article overviews the gradual legal development of Europol’s powers and discusses the obstacles to creating a European federal police force. Limits to powers and accountability continue to frame discussions on EU’s operational criminal justice powers. While many EU agencies can lay claim to embryonic supranational enforcement agency, the EU Member States have closely guarded operational and prosecutorial enforcement powers. This guardedness still shows, especially in EU criminal justice agencies’ reliance on intergovernmental structures, such as colleges of national members, and mutually recognized but ultimately national decisions and judgments. Through the lens of its history, this article examines how and what kind of balance has been struck between accountability and competences in the current state of evolution toward Europol’s potential supranational authority.