欧州統合と対テロ政策

EU対テロ政策形成過程における加盟国, 欧州委員会および欧州議会の役割

抄録

In the context of global efforts in combating terrorism, the European Union has developed a wide range of unique counter-terrorism law and measures which cover all the three pillars under the EU Treaty.
The main features of the EU response to the global threat of terrorism would be summarized as follows:
(1) A top political priority attached and most speedy action taken on its counter-terrorism measures.
(2) Comprehensive multi-layer structure and uniqueness of the measures which include: i. Comprehensive policy measures such as Anti-Terrorism Action Plan, Declaration, Strategy; ii. Measures to freeze financial resources to terrorist groups; iii. Numerous Council Framework Decisions on terrorism, European Arrest Warrant, Joint investigating Teams, etc.; iv. Europol, Euroj ust, Police Chief's Task Force, Schengen Information Systems, EURODAC.
(3) Close cooperation with the US.
(4) Attempt to study the root causes of radicalization and recruitment of terrorists.
(5) Acceleration of efforts in the wake of major terror incidents such as Madrid and London incidents.
With regard to the roles of the member states, the Commission and the European Parliament in the process of making the EU counter-terrorism law and measures, the member states which have had the experiences of major terrorist incidents and have close ties with the US tend to be much keener than those which do not have such experiences. Some other countries which are mindful of basic human rights tend to take cautious attitude toward excessive counter-terrorism measures. The European Commission has been playing a principal role in preparing legislative proposals and action programs. On the other hand, the European Parliament, concerned over the infringements of human rights of EU citizens as result of excessive counter-terrorism measures, has been playing an important role in calling for utmost restraint and caution vis-a-vis the Commission and the Council on counter-terrorism measures.
These different roles are clearly seen on such hot issues as (1) Data Retention, (2) Passenger Name Record (PNR) Agreement with the US, (3) alleged use of European countries by the CIA for the transportation and illegal detention of prisoners. In all those cases, the European Parliament has been playing a major role, as representative organ of EU citizens and upholder of EU human rights charter to warn against the infringements of human rights of EU citizens while the Commission and the Council taking counter-terrorism measures.