Linking internal and external aspects of EU security

The need for action

The internal and external aspects of EU security are intrinsically linked. As issues such as organised crime, terrorism and migration management lie at the heart of maintaining international stability and security both outside and inside the European Union, promoting the rule of law externally is essential to reinforce the area of freedom, security and justice internally. Efficient border management, for example, is vital to fight threats such as terrorism and organised crime. Independent and efficient judiciaries are indispensable to uphold the rule of law and to ensure the protection of human rights, while co-operation between judiciaries is vital both to facilitate international business transactions and to ensure that criminal suspects cannot remain beyond the reach of justice. Efficient and effective police forces, which can co-operate with their counterparts in other countries, are essential to combat all forms of terrorism and organised crime and to ensure security for citizens in their daily lives.

Within its borders, the EU has developed a wide-ranging framework for regulating the area of freedom, security and justice. While structures naturally differ enormously between countries, the area of freedom, security and justice can nevertheless act as an inspiration for third countries. The JLS issues confronted by the EU, by its neighbours and indeed by all countries worldwide are similar. The EU's experience in issues such as border management, migration management and fighting organised crime represent a useful point of reference for third countries which face similar challenges.

The EU already has a broad range of instruments at its disposal - ranging from dialogue under the auspices of Association or Co-operation Agreements with third countries to operational cooperation through bodies such as Europol, Eurojust, the European Police College and the European Borders Agency - to develop co-operation with third countries worldwide on justice, freedom and security issues. Although the instruments covering the external aspects of the EU's policies on freedom, justice and security are largely in place, the development of this strategy gives the EU the opportunity for the first time to organise them around defined principles and guidelines

The external dimension in practice

With many countries, considerable co-operation on justice and home affairs issues is already in place. The development of the strategy thus provides an opportunity to take stock of progress to date and to identify guidelines for the future. Examples of co-operation by geographic area include:

With the United States of America, a strong security partnership is being developed, based on common values, which has focused on the fight against terrorism since 11 September 2001. Much of the cooperation in this area has broken new ground such as the mutual legal assistance and extradition agreements. Since the justice, freedom and security dimension is relatively new, the EU increasingly needs to define its security interests, based on reciprocity, and to promote vigorously its policy objectives such as extending the Visa Waiver Programme to the new Member States. The need to work together on border security and law enforcement opens up new avenues of cooperation for the EU and the US, always with a view to closing the security gap.

Co-operation in the justice, freedom and security area with the Western Balkan countries is intensive with the aim of strengthening stability in the region in the light of the countries' European perspective. Developing these countries' institutional capacity to implement the JLS acquis is a key feature of cooperation. Within the Stabilisation and Association Process, the EU is supporting the Western Balkans countries through the CARDS programme, including twinning projects, to develop their performance in the four priority areas of police and organised crime, integrated border management, judicial reform, and asylum and migration. The conclusion of agreements on readmission and visa facilitation will signal mutual commitment to further cooperation. Further cooperation with Europol, Eurojust as well as the development of the Regional Centre for Combating Transborder Crime (SECI), and the liaison officers' network will help improve the way the EU uses its instruments in the area of police and criminal justice cooperation to fight organised crime in the Western Balkans.

As regards Russia, justice, freedom and security has become a central feature of the strategic partnership as reflected in the wide-ranging Common Space on freedom, security and justice, which will now need to be implemented effectively in priority areas such as the rule of law, the fight against terrorism and organised crime, including money laundering, corruption and trafficking of persons and drugs, data protection, document security and border demarcation and management. Besides a rich dialogue at many levels, the Europol-Russia agreement as well as the Action Plan on Organised Crime, contacts with Eurojust and the liaison officers' network provide a practical basis for closer operational links. The conclusion of agreements on readmission and visa facilitation signals a strong commitment to further cooperation and will at the same time help discussions on the long-term prospect of visa-free travel.

With the Mediterranean countries, strengthening good governance and the rule of law as well as improving migration management and security are the main goals of co-operation. The European Neighbourhood Policy has given a new impetus to cooperation in this region, already a feature of the Barcelona process. At regional level, the programme on migration, police and judicial cooperation has represented a step forward by supporting institutional capacity building and by promoting co-operation among officials. The start of a new JLS regional programme, as well as the reinforcement of the high level dialogue on terrorism, will accompany the launching at the next Barcelona Summit of an ambitious work programme to create an area of mutual cooperation on justice, security, migration and social integration. At the bilateral level, the MEDA programme supports projects on migration, judiciary and law enforcement cooperation in several countries, including twinnings in Morocco on money laundering and in Jordan on the judiciary. Migration and border management are at the top of the agenda, and partnerships should be strengthened in the region with countries of origin and transit. Further progress is necessary on readmission agreements, and efforts to develop the dialogue with Libya on migration should be pursued.

Development of a strategy

The Hague Programme on "Strengthening Freedom, Security and Justice in the European Union" called on the Commission and Secretary-General/ High Representative to present to the Council, by the end of 2005, a strategy covering all aspects of the Union policy on freedom, security and justice, based on the measures developed in the Hague Programme. The strategy should reflect the Union's special relations with third countries, groups of countries and regions, and focus on the specific needs for justice and home affairs co-operation with them. The European Council of 16-17 June 2005 reiterated that, given the growing importance of the external dimension of the area of freedom, security and justice, the Action Plan implementing the Hague Programme will be supplemented at the end of 2005 by a strategy to be adopted by the Council on a proposal from the Secretary General /High Representative and the Commission. The Communication presented today by the Commission is its contribution to the development of such a strategy.

Next steps

As envisaged in the Hague Programme, the Commission will, on the basis of this Communication, work with the Presidency on a joint paper to be presented, along with the Council Secretariat, to the Council in December.

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• EUHR Solana Speech at the Institute for Security Studies of the EU (6/10/2006)
• EU Commission proposes co-operation strategy with third countries on freedom, security and justice (12/10/2005)
• Press Conference with EC Vice-President Frattini on Migration and Asylum  (1/9/2005)
• Commissioner Frattini's Speech on 'The Commission's policy priorities in the area of Freedom, Security and Justice' (16/2/2005)
• Vice-President Frattini's Speech 'Towards an EU Strategy for Collective Security' (3/2/2005)