ABSTRACT
Introduction The focus of this article is the analysis of intelligence and security in relation to counter-terrorism in the European Union (EU). It has two primary goals. First, we highlight and interlink the intelligence-related arguments raised in the other articles in this special issue drawn from the insights from the intelligence studies literature, and in particular from the work of Peter Gill. Second, we offer several additional insights concerning the emerging role of the EU as a security and intelligence actor from the perspective of counterterrorism. Even though accountability of police and judicial cooperation has been on the rise since the entry into force of the Treaty of Lisbon, there are
still formidable gaps in the competences of oversight bodies. As intelligence is collected and stored by several security actors at different levels of governance, a mixed oversight re´gime may apply to diffuse arrangements. While counter-terrorism is not a completely new field of activity in the EU,1 an institutional framework has been established relatively recently on the basis of the Treaty of Maastricht and successive treaties and working programmes. However, not all European counter-terrorism activity is captured in legal-institutional arrangements. The bulk of international counter-terrorism activity is still performed in the bilateral sphere between the individual member states of the EU, as well as in networked arrangements which are not subjected to formal accountability rules.2 Counter-terrorism measures have undergone a steep rise since the 9/11 attacks in the United States. The EU Member States themselves placed considerable emphasis on security measures and the speed of the adoption meant there was little room for alternative voices to be heard.3 A decade after 9/11, there seems to be more room for reflection and for the argument that the efficiency of intelligence-exchange for the purpose of counter-terrorism will be best served if it is done professionally, proportionately, legally and brought under the realms of sound control and oversight. In this article, we will first discuss the roles and responsibilities of the EU as
a collective security actor as well as its relevant agencies that operate in the field of security. We will analyze the organization of information and intelligence for counter-terrorism purposes in terms of databases as well as instruments. Furthermore, the responsibility of the EU-institutions for intelligence oversight and control will be described, followed by an analysis of the limitations and obstacles of a pan-European comprehensive system of intelligence oversight. The final section of the article recapitulates and argues that the current intelligence-exchange system in the EU is fragmented and remains obscure to its 500 million citizens. In conclusion, in order to enhance the support and legitimacy of its counter-terrorism efforts, the EUwill have to fill the current accountability voids.
