Kristin Archick
Specialist in European Affairs
The
September 11, 2001, terrorist attacks on the United States and the subsequent
revelation of Al Qaeda cells in Europe gave new momentum to European Union
(EU) initiatives to combat terrorism and improve police, judicial, and
intelligence cooperation among its member states. Other deadly incidents
in Europe, such as the Madrid and London bombings in 2004 and 2005 respectively,
injected further urgency into strengthening EU counterterrorism capabilities
and reducing barriers among national law enforcement authorities so that
information could be meaningfully shared and suspects apprehended
expeditiously. Among other steps, the EU has established a common
definition of terrorism and a common list of terrorist groups, an EU arrest warrant,
enhanced tools to stem terrorist financing, and new measures to strengthen
external EU border controls and improve aviation security.
As part of its drive to bolster its counterterrorism capabilities, the EU has
also made promoting cooperation with the United States a top priority.
Washington has largely welcomed these efforts, recognizing that they may
help root out terrorist cells both in Europe and elsewhere, and prevent future
attacks against the United States or its interests abroad. Contacts between
U.S. and EU officials on police, judicial, and border control policy
matters have increased substantially since 2001. A number of new U.S.-EU
agreements have also been reached; these include informationsharing arrangements
between the United States and EU police and judicial bodies, two new U.S.-EU
treaties on extradition and mutual legal assistance, and accords on container
security and airline passenger data. In addition, the United States and
the EU have been working together to curb terrorist financing and to
strengthen transport security. Despite the death of Al Qaeda leader Osama
bin Laden in May 2011, both the United States and the EU maintain that
continued vigilance against terrorism remains essential. Some observers
note that the July 2012 terrorist attack on Israeli tourists in EU member
Bulgaria—which has been linked to Hezbollah—serves as a stark reminder that
Europe remains vulnerable to terrorist activity.
U.S.-EU cooperation against terrorism has led to a new dynamic in U.S.-EU
relations by fostering dialogue on law enforcement and homeland security
issues previously reserved for bilateral discussions. Nevertheless, some
challenges persist in fostering closer U.S.-EU cooperation in these
fields. Among the most prominent are data privacy and data protection concerns.
The EU considers the privacy of personal data a basic right and EU rules
and regulations strive to keep personal data out of the hands of law
enforcement as much as possible. The negotiation of several U.S.-EU
information-sharing agreements, from those related to tracking terrorist
financial data to sharing airline passenger information, has been
complicated by ongoing EU concerns about whether the United States could
guarantee a sufficient level of protection for European citizens’ personal
data. Other issues that have led to periodic tensions include detainee
policies, differences in the U.S. and EU terrorist designation lists
(especially regarding Hezbollah), and balancing measures to improve border
controls and border security with the need to facilitate legitimate transatlantic
travel and commerce.
Congressional decisions related to improving border controls and transport
security, in particular, may affect how future U.S.-EU cooperation
evolves. In addition, given the European Parliament’s growing influence in
many of these policy areas, Members of Congress may be able to help shape Parliament’s
views and responses through ongoing contacts and the existing Transatlantic Legislators’
Dialogue (TLD). This report examines the evolution of U.S.-EU counterterrorism cooperation
and the ongoing challenges that may be of interest in the 113th Congress.
Date of Report: April 22, 2013
Number of Pages: 27
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