The research paper is devoted to the complex study of questions concerning the legal basis for police cooperation of the Member States of the European Union. This paper examines the genesis of the legal framework for police cooperation between EU Member States since its functioning within the European Community. The attention is given to the fact that Member States are parties to a number of international treaties both universal and regional on combating organized crime, which serves as an additional basis to expand cooperation beyond the EU and to create an “extended coalition” to combat crime. The essence of Political Cycles of the EU on serious and organized crime aimed to assist Member States in the implementation of existing legislation on cross-border cooperation on serious and organized crime is given.
Legal analyses on the basis of EU security and states that the police authorities, along with the armed forces, the gendarmerie paramilitary, the presidential guard, intelligence agencies and security services, coast guard, customs, etc., is an integral part of security mechanism of the Union as they have for the task of protecting the rights and freedoms of citizens, if necessary, and the EU institutions; counteracting organized crime.
The founding treaties of the EU, “specialized” acts covering the scope of individual transnational crimes (terrorism, drug trafficking, trafficking in human beings, financial crimes, including fraud, corruption; environmental crimes, smuggling of migrants), regulating law enforcement cooperation counter current threats are analysed. The EU acts and good practice in combating organized crime (“Verstek”, “Moog”, “Sahar”, “Millennium” operations and others) are analysed.
The forms and directions of police cooperation of the Member States of the European Union is disclosed. It is noted that police and judicial cooperation between EU Member States is carried out through national police forces, border guards or judicial authorities through the exchange of information, the provision of evidence, assistance, detention and transfer of wanted persons. Among the areas of cooperation such as transfer of information between police using different information systems (Schengen Information System (SIS), information system Visa (VIS), PNR (passenger name), etc.); prompt cooperation between law enforcement authorities of the Member States; mutual investigation; cooperation of special-purpose units; networks of national specialized units; police and customs cooperation centres and more. The organizational and legal basis of the police cooperation of the EU Member States is investigated. Attention is drawn to the fact that the legal mechanism for combating crime in the EU is complex. Thus, the Union has “common (universal)” institutions to combat crime, including Europol, ENISA, OLAF, EMSC and others, which coordinate cooperation, assist law enforcement agencies within the EU, including the judiciary, customs etc. At the same time, the EU’s specific activity in combating individual crimes is the creation of “narrow-profile” units (e.g. informal networks and environmental crime – “EnviCrimeNet” to give more motivation to this area of law enforcement cooperation; operational force Mare (JOT MARE), The Europol Centre for the Suppression of Serious and Organized Crime (ESOCC), the Joint Task Force on Cybercrime (J-CAT), and others.
The article analyses the provisions of EU law, international acts both universal and regional, concerning the legal status of EU police officers. Acts that recognize standards of police behaviour are characterized. It is stated that the principle of gender equality should be respected in the selection of police personnel. The author highlights the main problems of legal regulation of employees of the police, particularly, indicated for lack of proper legal regulation of the right to personal security most police officers in the performance of their duties, in view of the risks that arise during mass authorized and unauthorized events (football matches, rallies, demonstrations, etc.); in case of terrorism; detention of the perpetrators of the crime. The case-law of the European Court of Human Rights regarding the observance of the powers conferred on them by the police is examined.
The paper analyzes the provisions of EU legislation, international acts of universal and regional nature on the legal status of EU police officers. Acts recognized as standards of conduct for police officers are described. It is stated that the principle of gender equality should be observed in the selection of police personnel. The role of the EU Law Enforcement Agency (CEPOL) is emphasized.
The acts containing the requirements to the police officers of the EU member states regarding the observance of human rights in the performance of their duties are analyzed. The case law of the European Court of Human Rights in this area is considered.
