In order for state protection departments to be able to cooperate better at EU level in the area of politically motivated crime, they need common definitions of the persons to be prosecuted. A corresponding initiative to this end comes from Germany. This way, threats are prosecuted that have not even occurred yet.
Under the Treaty on the Functioning of the European Union, neither the Commission nor the Council has powers to coordinate intelligence services. Nevertheless, for the past five years the police agency Europol has been „exploring“ ever closer cooperation with the European „Counter Terrorism Group“ (CTG), in which the domestic services of all Schengen states work together. The EU’s „Intelligence Analysis Centre“ INTCEN in Brussels, which should actually only read secret service reports from the member states, is also being given further powers.
In order to be able to observe and, if necessary, prosecute target persons by police forces and intelligence services alike, a new category must be created. For the police traditionally deal with suspects or accused of a crime, police laws in Germany also know the category of „Gefährder“ who are accused of a concrete, perceivable danger. Intelligence work, on the other hand, is based on the mere suspicion that someone might pose a danger in the future. „Controversial term: German Ministry of the Interior sneaks „Gefährder“ into the EU“ weiterlesen
While end-to-end encryption should be generally weakened, Europol is developing new secure communication applications for the police. Some of the measures are part of the „European Police Partnership“ proclaimed by the German EU Presidency. This includes the project „WhatsApp for law enforcement officers“.
The German Federal Criminal Police Office (BKA) is leading a new Europol project on encrypted exchange between European police authorities, a EU document published by Statewatch says. Among other things, the initiative deals with lessons learned from the COVID 19 pandemic, which in many cases also means a switch from face-to-face meetings to video telephony for cross-border police cooperation. Europol has therefore set up a „Core Group for Secure Communications“, which is led by the BKA. It should examine existing methods for their effectiveness, identify possible gaps and make proposals to bridge them.
With its „Virtual Command Post“ application, Europol already provides a secure channel for immediate joint operations, through which personal data is also communicated. For emergency communication in the event of terrorist attacks or major police operations, Europol has recently launched the „Quick Response for Operational Centres“ (QROC) project. For questions related to COVID-19, Europol will initially set up an Internet forum called „Virtual Requests out of Mandate“ (vRoom), which is not intended for the exchange of operational information. „Encryption and drones: German BKA wants more special technology for EU police“ weiterlesen
In Germany there is no legal definition of „Gefährder“. They are persecuted for acts they have not yet committed. The Federal Government now wants to exchange more data on this group of people throughout the EU.
Actually, the police should prosecute suspects or defendants of a crime. Its tasks also include the prevention of a „concrete danger“, such as that emanating from persons called „troublemakers“ in police jargon. With the „Gefährder“ a third police target group has been sneaking into German law for two decades, as Heiner Busch expressed it in the magazine CILIP. This marked the beginning of a new stage in the shifting of criminal prosecution to the preliminary stage: threats are being prosecuted that have not yet even occurred.
Before the attacks on the World Trade Center in 2001, football fans or political activists were referred to as „Gefährder“, but now the category is mostly used in connection with terrorism. There is no legal term for it, instead it is a working definition, which the heads of the state criminal investigation offices and the Federal Criminal Police Office vaguely outlined for the first time in 2004. According to this concept, a „Gefährder“ is a person in respect of whom „certain facts justify the assumption that they will commit politically motivated crimes of considerable importance“. „Germany wants EU concept for „persons considered a potential terrorist or violent extremist threat““ weiterlesen
The German Federal Ministry of the Interior wants to expand Europol and the international exchange of data during its EU Presidency. European police authorities will be supported with face recognition and decryption capabilities. Also on the agenda are the Europe-wide query of police files and the exchange on a definition of persons which pose „a potential terrorist/extremist threat“.
On 1 July Germany took over the six-monthly EU Council Presidency, the last time the Federal Government held the Presidency was in the first half of 2007. In the field of Justice and Home Affairs, the programme of the Interior and Justice Ministries is under the motto „A Europe of security and common values“. Germany is focusing on a „European Police Partnership“. The term is vaguely formulated; even when asked, the Ministry of Interior merely states that cross-border cooperation between police authorities is to be „improved“ and achieved by ensuring that „every police officer has access to the necessary information from other Member States“.
What is „necessary“ will therefore be defined by the German Ministry of the Interior in the next six months. The European Union has numerous formats for the exchange of information between police and customs, and its agencies are also involved. The „European Police Partnership“ is not intended to create new instruments, but to expand the existing ones. This includes new legislative procedures. „EU Presidency: Germany advocates „European Police Partnership““ weiterlesen