Why Belgium Needs a Special Operations Command. Security Policy Brief No. 70, April 2016

The setting up of a Special Operations Command (SOCOM) constitutes a key element of the ongoing Belgian defence reforms. This Policy Brief aims to put the present demand for special operations forces in its historical context and engage in the discussion on how to structure and employ this special instrument of policy. Building on the legacy of the paracommando regiment, the future Belgian SOCOM constitutes a critical capability within an adaptive force structure. This new entity must be able to deliver results in a variety of unconventional missions that require high readiness, intellectual flexibility and maximum discretion or surprise. At the same time, special operations forces do not constitute a substitute for having a comprehensive security policy. They function best when used as force multipliers alongside other instruments of power towards joint effect. As the proverbial tip of the spear, they must lead the way for Belgian defence regeneration in general.

The End of the Transitional Period for Police and Criminal Justice Measures Adopted before the Lisbon Treaty: Who monitors trust in the European Criminal Justice area? CEPS Liberty and Security in Europe No. 74, December 2014

This study examines the legal and political implications of the forthcoming end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special ‘opt out/opt-in’ possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the European Commission and Luxembourg Court of Justice scrutiny powers over Member States’ implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising ‘over-flexible’ participation in criminal justice instruments. The study argues that in light of Article 82 TFEU the rights of the defence are now inextricably linked to the coherency and effective operation of the principle of mutual recognition of criminal decisions, and calls the European Parliament to request the UK to opt in EU Directives on suspects procedural rights as condition for the UK to ‘opt back in’ measures like the European Arrest Warrant.