Obstacles to supranational operational police powers in the European union: Europol reform and the construction of trust between national police authorities
| Date | 01 April 2021 |
| DOI | 10.1177/1023263X211005160 |
| Published date | 01 April 2021 |
| Subject Matter | Articles |
Article
Obstacles to supranational
operational police powers in
the European union: Europol
reform and the construction
of trust between national
police authorities
Kerttuli Lingenfelter* and Samuli Miettinen**
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 intergovern-
mental 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.
Keywords
EUROPOL, supranational, intergovernmental, police cooperation, CEPOL
* European University Institute, Fiesole, Toscana, Italy
** Tallinna U
¨likool, Tallinn, Estonia
Corresponding author:
Samuli Miettinen, Tallinna Ulikool, Narva Mnt 29 Tallinn, 10120, Estonia.
E-mail: samuli.miettinen@smmiettinen.com
Maastricht Journal of European and
Comparative Law
2021, Vol. 28(2) 182–191
ªThe Author(s) 2021
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DOI: 10.1177/1023263X211005160
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