The development of Europol’s external relations: Towards supranationalism?
| Date | 01 April 2021 |
| Published date | 01 April 2021 |
| Author | Sarah Léonard,Christian Kaunert |
| DOI | 10.1177/1023263X211005162 |
| Subject Matter | Articles |
Article
The development of Europol’s
external relations: Towards
supranationalism?
Sarah L´
eonard* and Christian Kaunert**
Abstract
This article examines the extent to which, if any, the development of Europol’s external relations
over time has contributed to the integration of EU policing and criminal justice. More precisely,
with reference to the academic debates on ‘intergovernmentalism’ and ‘supranationalism’, it
examines the extent to and the ways in which the growth in Europol’s external relations has
indicated a move away from intergovernmentalism towards more supranationalism in the EU’s
policing and criminal justice cooperation. It does so by systematically examining the development
of Europol’s external relations over time using a continuum ranging from ‘intergovernmentalism’
to ‘supranationalism’ as ideal-types, whilst arguing for not reducing supranationalism to the
‘Community method’. The article shows that the balance between intergovernmental and
supranational features in the governance of Europol’s external relations has changed over time as
the latter have been gradually reinforced. Starting from a position close to the intergovernmental
pole of the continuum, Europol has moved significantly towards the supranational pole in its
external relations, especially after the Europol Regulation began to apply in 2017.
Keywords
Europol, supranationalism, external relations, EU, police cooperation, criminal justice
Introduction
Since it began its work in 1999, Europol, which is now a European Union agency that supports law
enforcement cooperation, has developed a range of partnerships with third bodies and third coun-
tries, as varied as the International Criminal Police Organization (Interpol), Brazil, China and the
* University of the West of England, Bristol, UK
** University of South Wales, Pontypridd, UK
Corresponding author:
Christian Kaunert, University of South Wales, Cemetery Road, Pontypridd, CF37 1DL, UK.
E-mail: christian.kaunert@southwales.ac.uk
Maastricht Journal of European and
Comparative Law
2021, Vol. 28(2) 229–244
ªThe Author(s) 2021
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DOI: 10.1177/1023263X211005162
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MJ
United States.
1
This growth in its international role has taken place against the backdrop of an
expansion of its activities in general, as well as changes to its legal framework.
2
It is important to
emphasize that Europol is not an executive police force; it does not undertake searches or arrest
suspects.
3
From its inception, the core of its mandate has been to support the exchange of infor-
mation amongst EU Member States.
4
This has mainly taken place through the work of the liaison
officers that represent each of the Member States at Europol’s headquarters in The Hague, as well
as that of the Europol National Units in the Member States, which constitute the interface between
Europol and the national authorities. These activities have been supported by the development of
increasingly sophisticated and secure databases and information exchange systems.
5
Given Euro-
pol’s focus on information exchange, it is perhaps unsurprising that developing relations with third
countries and third bodies, which would notably enable information transfers, has been seen as a
priority since its establishment.
6
This article contributes to this special issue by analysing the extent to which, if any, the
development of Europol’s external relations over time has contributed to the integration of EU
policing and criminal justice. More precisely, with reference to the academic debates on ‘inter-
governmentalism’ and ‘supranationalism’, it examines the extent to and the ways in which the
growth in Europol’s external relations has been indicative of a move away from intergovernment-
alism towards more supranationalism in the EU’s policing and criminal justice cooperation. In so
doing, this article also contributes to the scholarship on Europol in general and to the stream of
scholarship that has examined the international role of Europol in particular. Although the issue of
Europol’s external relations has received growing attention in the last few years, the specific
question at the heart of this article – namely, whether the developing activities of Europol on the
international stage are also indicative of an intensification of European integration – has not been
addressed yet. Existing scholarship on Europol’s international role has focused on other questions,
such as the issue of the legal status of Europol as an international actor or the challenges inherent to
the development of its external activities.
7
1. A list of Europol’s partners and agreements can be found on its website: www.europol.europa.eu/partners-agreements.
2. J.D. Occhipinti, The Politics of EU Police Cooperation: Towards a European FBI? (Lynne Rienner, 2003); F. Coman-
Kund European Union Agencies as Global Actors: A Legal Study of the European Aviation Safety Agency, Frontex and
Europol (Routledge, 2018); S. Gless, ‘Europol’, in V. Mitsilegas, M. Bergstro¨m and T. Konstadinides (eds.), Research
Handbook on EU Criminal Law (Edward Elgar, 2016), p. 457.
3. J.D. Occhipinti, The Politics of EU Police Cooperation: Towards a European FBI?; M. Deflem, ‘Europol and the
Policing of International Terrorism: Counter-terrorism in a Global Perspective’, 23 Justice Quarterly (2006), p. 336.
4. Article K.1(9) of the Treaty on European Union [1992] OJ C 191 /01.
5. G. Mounier, ‘Europol: A New Player in the EU External Policy Field?’, 10 Perspectives on European Politics and
Society (2009), p. 584; F. Coman-Kund, European Union Agencies as Global Actors, p. 218; C. Kaunert, ‘Europol and
EU Counterterrorism: International Security Actorness in the External Dimension’, 33 Studies in Conflict & Terrorism
(2010), p. 655.
6. At the time of the signing of the Europol Convention, the Council made a declaration concerning Article 42, which
highlighted that ‘Europol should as a matter of priority establish relations with the competent bodies of those states with
which the European Communities and their Member States [had] established a structural dialogue’ (Council Act of 3
November 1998 laying down rules governing Europol’s external relations with third States and non-European Union
related bodies (1999/C26/04), [1998] OJ C 26/19).
7. F. Coman-Kund, European Union Agencies as Global Actors, p. 210; C. Bri `ere, ‘Cooperation of Europol and Eurojust
with External Partners in the Fight against Crime: A Legal Appraisal’, in H.C.H. Hoffmann, E. Vos and M. Chamon
(eds.), The External Dimension of EU Agencies and Bodies: Law and Policy (Edward Elgar, 2019); J.D. Occhipinti, The
Politics of EU Police Cooperation: Towards a European FBI?; M. Deflem, 23 Justice Quarterly, p. 336.
230 Maastricht Journal of European and Comparative Law 28(2)
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