La justification des atteintes aux libertés de circulation : cadre méthodologique et spécificités matérielles = Justification of attacks on freedom of movement: methodological framework and specific hardware. Research Paper in Law 01/2013

No abstract.

The EU Counter-Terrorism Policy Responses to the Attacks in Paris: Towards an EU Security and Liberty Agenda. CEPS Liberty and Security in Europe No. 81/February 2015

This paper examines the main EU-level initiatives that have been put forward in the weeks following the attacks in Paris in January 2015, which will be discussed in the informal European Council meeting of 12 February 2015. It argues that a majority of these proposals predated the Paris shootings and had until that point proved contentious as regards their efficacy, legitimacy and lawfulness. The paper finds that EU counterterrorism responses raise two fundamental challenges: A first challenge is posed to the freedom of movement, Schengen and EU citizenship. Priority is being given to the expanded use of large-scale surveillance and systematic monitoring of all travellers including EU citizens, which stands in contravention of Schengen and the free movement principle. A second challenge concerns EU democratic rule of law. Current pressures calling for the adoption of measures such as the EU Passenger Name Record challenge the scrutiny roles held by the European Parliament and the Court of Justice of the EU on counterterrorism measures in a post-Lisbon Treaty setting. The paper proposes that the EU adopts a new European Agenda on Security and Liberty based on an EU security (criminal justice-led) cooperation model that is firmly anchored in current EU legal principles and rule of law standards. This model would call for ‘less is more’ concerning the use, processing and retention of data by police and intelligence communities. Instead, it would pursue better and more accurate use of data meeting the quality standards of evidence in criminal judicial proceedings.

European security after the Paris attacks. CEPS Commentary, 24 November 2015

The November 13th terrorist attacks in Paris have prompted the European Union to activate the mutual assistance clause contained in Art. 42.7 of the EU Treaty. Member states are now entering the unchartered territory of large-scale conflict: will they join a French-led coalition of the willing, or is the military intervention against Daesh being Europeanised? This Commentary explores implications of the Paris attacks on European security and recommends coordinated and comprehensive responses to be taken within the EU framework.

The EU and its Counter-Terrorism Policies after the Paris Attacks. Liberty and Security in Europe No. 84, 27 November 2015

This paper examines the EU’s counter-terrorism policies responding to the Paris attacks of 13 November 2015. It argues that these events call for a re-think of the current information-sharing and preventive-justice model guiding the EU’s counter-terrorism tools, along with security agencies such as Europol and Eurojust. Priority should be given to independently evaluating ‘what has worked’ and ‘what has not’ when it comes to police and criminal justice cooperation in the Union. Current EU counter-terrorism policies face two challenges: one is related to their efficiency and other concerns their legality. ‘More data’ without the necessary human resources, more effective cross-border operational cooperation and more trust between the law enforcement authorities of EU member states is not an efficient policy response. Large-scale surveillance and preventive justice techniques are also incompatible with the legal and judicial standards developed by the Court of Justice of the EU. The EU can bring further added value first, by boosting traditional policing and criminal justice cooperation to fight terrorism; second, by re-directing EU agencies’ competences towards more coordination and support in cross-border operational cooperation and joint investigations, subject to greater accountability checks (Europol and Eurojust +); and third, by improving the use of policy measures following a criminal justice-led cooperation model focused on improving cross-border joint investigations and the use of information that meets the quality standards of ‘evidence’ in criminal judicial proceedings. Any EU and national counter-terrorism policies must not undermine democratic rule of law, fundamental rights or the EU’s founding constitutional principles, such as the free movement of persons and the Schengen system. Otherwise, these policies will defeat their purpose by generating more insecurity, instability, mistrust and legal uncertainty for all.

Oslo terrorist attacks: Analysis, consequences and lessons learned. Transatlantic Security Paper No. 4, August 2011

The attack in Norway, like every attack with a major impact, should and will be carefully analyzed, both by police and by terrorists. If the Norwegian authorities have officially called for a technical evaluation of Counter-terrorism (CT) and rescue national services, many sensitive aspects still remain unsure.

The EU and the 2016 Terrorist Attacks in Brussels: Better instead of more information sharing. CEPS Commentary, 6 April 2016

The Brussels terrorist attacks of 22 March 2016 provoked widespread political condemnation and public outrage. The events have brought to the fore past discussions regarding the limits of member states’ counterterrorism policies and the extent to which the EU could play a role in shaping more effective responses to these acts of violence.

The fall-out from the Brussels terrorist attacks. EPC Commentary, 16 June 2016

On 22 March, Belgium got a brutal wake-up call. In a coordinated attack, two nail bombs exploded in the departure hall of the Brussels National Airport. A little over an hour later, a third bomb exploded inside a metro train passing through Maelbeek station. 32 civilians lost their lives, while more than 300 people were injured. The Islamic State (IS) network, which was responsible for the Paris attacks on 13 November 2015, claimed responsibility. The arrest of Salah Abdeslam, the sole survivor of the Paris attacks, on 18 March, seems to have made IS expedite the Brussels attacks following a claim from the Paris prosecutor that Abdeslam would cooperate with the French Justice Department over the Paris attacks.