Recommendations on Operational Law Enforcement Cooperation
20 July 2022 (updated 1 year ago) // Published in printed Issue 2/2022 p 120
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.

On 9 July 2022, the Council adopted a recommendation on operational law enforcement cooperation. It aims at strengthening operational cooperation in situations where law enforcement authorities of one EU Member State operate in the territory of another EU Member State in the context of cross-border and other transnational actions involving two or more EU Member States. Such situations include, for instance, cross-border hot pursuit, cross-border surveillance, joint patrols, or other joint operations, e.g., in connection with the touristic season or a mass-event. According to the recommendation, the Council invites the EU Member States to establish the following:

  • Principles for cross-border hot pursuits and surveillance, including a list of offences for which cross-border hot pursuit and surveillance should be allowed;
  • A framework for joint operations;
  • Common tasks for Police and Customs Cooperation Centres (PCCCs);
  • Support platforms for joint patrols and other joint operations;
  • Effective access of their law enforcement authorities to information and communication through secure channels;
  • Access to joint training and professional development with a view to setting up a European police culture.

The recommendation was part of the Commission's package on a police cooperation code (→ eucrim 4/2021, 225-226). Next to the proposal for the mentioned recommendation, the Commission presented two other legislative proposals: one to reform the legal framework on information exchange between law enforcement authorities of Member States (new directive), and another one on automated data exchange for police cooperation (Regulation on “Prüm II”). In parallel to the recommendation, the Council adopted general approaches on these two legislative dossiers. Negotiations with the European Parliament in this context will start once the latter has adopted its positions.

Better cooperation between police/law enforcement authorities in the EU was one of the priorities of the French Council Presidency. It strived for improving the fight against terrorist groups and organised crime organisations that spread their activities across the bloc.