Police Cooperation and Sovereignty in the EU

'The world of police and judicial cooperation in the EU is a highly complex one, filled with dilemmas. Whereas sovereignty remains the leading principle, internationalization of (organized) crime continuously calls for extensive information exchange and joint operations between enforcement agencies. This book presents an overview of legal and practical developments in both the EU and Norway. Anyone who is interested in cross-border law enforcement cooperation should read it!' Toine Spapens, Tilburg University, Netherlands 'European police cooperation is a timely, yet often challenging topic for lay and academic observers alike. This comprehensive, systematic and authoritative book is invaluable in helping readers gain an overview of this important field, and will be extremely useful to students, scholars and practitioners for years to come.' Katja Franko, University of Oslo, Norway 'This book makes an important contribution to police literature by analyzing the impact of international and EU police cooperation on internal security and policy of a non-EU member state (Norway). The conclusion that EU police cooperation challenges Norwegian sovereignty and impacts on crime policy choices and priorities sheds a crucial new light on the consequences of cross-border policing.' Antoinette Verhage, Ghent University, Belgium `[T]he book offers readers a detached and unbiased external point of view about the impact of EU and international police cooperation at EU level on the sovereignty of states. Above all, the author has written one of the most comprehensive and thought-provoking books on the subject of international policing inside the EU.' Policing: A Journal of Policy and Practice: https://doi.org/10.1093/police/pay094

Synnove Ugelvik is Associate Professor at the Department of Public and International Law at the University of Oslo. She holds a PhD in Law from the University of Oslo and has previously worked as a deputy judge and public prosecutor at the Norwegian Director of Public Prosecutions Office. Her research interests include penal law, criminal procedural law, European police cooperation and police history. She is co-editor of Justice and Security in the 21st Century: Rights, Risks and the Rule of Law. Her research has appeared in international and Scandinavian journals such as the European Journal of Criminology, European Journal of Policing Studies and Retfaerd.

1 INTRODUCTION 1.1 CONTEXT AND THE ISSUES AT STAKE 1.2 INTRODUCING THE NORWEGIAN POLICE 1.3 ON SOVEREIGNTY 1.4 METHODS 1.5 RESEARCH QUESTIONS AND THE WAY FORWARD PART I: NORWAY AND THE EU 2 THE POLICE ACT OF 1995: THE MODERN NORWEGIAN POLICE ORGANISATION 2.1 POLICE WORK IN NORWAY: WHAT SHOULD THE POLICE DO, AND HOW SHOULD THEY DO IT? 2.2 POLICE COMPETENCES, INCLUDING RULES OF CONDUCT AND PROCEDURE 2.3 CONTEXT AND SYNTHESIS OF THE 1995 POLICE ACT 2.4 THE STRUCTURE AND UNITS OF THE NORWEGIAN POLICE 3 THE NORDIC POLICE COOPERATION OUTSIDE OF THE EU SYSTEM 4 THE DEVELOPMENT OF EU CRIME CONTROL POLICIES AND THE NORWEGIAN (NON) MEMBERSHIP 4.1 FROM WORLD WAR II TO SCHENGEN 4.2 THE EC VIA THE SINGLE MARKET TO THE UNION 4.3 THE AREA OF FREEDOM, SECURITY AND JUSTICE, AND THE CONSTITUTIONAL CHANGES 5 THE DEVELOPMENT OF POLICE COOPERATION WITHIN THE EU 5.1 COUNCIL OF EUROPE 5.2 TREVI - EUROPOL 6 NORWAY - INSIDE OR OUTSIDE? 6.1 NORWAY AND THE EEA 6.2 THE SCHENGEN COOPERATION 6.3 FROM 'NO' TO 'YES, PLEASE': WHAT CHANGED? 7 INTERNAL SOVEREIGNTY: THE QUESTION OF MEMBERSHIP 7.1 BECOMING A MEMBER 7.2 THE OBLIGATION TO JUSTIFY 7.3 TWO JUSTIFICATIONS: NORDIC RELATIONS AND CROSS-BORDER CRIME 7.4 MOVING IN: FROM THE EEA TO THE SCHENGEN 7.5 CONSIDERING SOVEREIGNTY INFRINGEMENTS 8 EXTERNAL SOVEREIGNTY: NORWAY AND EU INSTITUTIONS 8.1 THE EU POLITICAL INSTITUTIONS 8.2 THE COURT OF JUSTICE OF THE EUROPEAN UNION 8.3 INFLUENCE AND THE SCHENGEN MIXED COMMITTEE 8.4 FOREIGN COURTS WITH JURISDICTION OVER NORWEGIAN POLICE ACTIVITIES 8.5 JURISDICTION AND INVESTIGATION 8.6 EFFECTS FOR THE STATE AND STATE SOVEREIGNTY PART II: EU POLICE COOPERATION: THE PRACTICAL REGULATIONS AND THEIR IMPACT ON NORWAY 9 INFORMATION EXCHANGE AND ANALYSIS 9.1 INFORMATIONAL POLICE WORK IN NORWAY 9.2 THE SCHENGEN INFORMATION COOPERATION 9.3 OTHER AVAILABLE DATABASES 9.4 EUROJUST 9.5 DIFFERENCES AND SIMILARITIES BETWEEN THE SYSTEMS 10 ACTIONS FOLLOWING HITS IN THE DATABASES 10.1 REQUESTS FOR SURVEILLANCE OR SPECIFIC CHECKS 10.2 ARREST 11 LIAISON OFFICERS: BETWEEN OPERATIONAL AND NON- OPERATIONAL COOPERATION 12 NATIONAL LAW ENFORCEMENT ON FOREIGN TERRITORY: OPERATIONAL COOPERATION 12.1 THE DEVELOPMENT AND CONTENT OF THE RELEVANT NORWEGIAN LEGAL BASIS 12.2 HOT PURSUIT AND CROSS-BORDER SURVEILLANCE 12.3 CONTROLLED DELIVERIES AND COVERT INVESTIGATION 12.4 CONSIDERING THE OPERATIONAL COOPERATION 13 JOINT OPERATIONS AND INVESTIGATIONS 13.1 JOINT INVESTIGATION TEAMS 13.2 JOINT OPERATIONS 13.3 MANAGING INVESTIGATION IN NORWAY 13.4 DISCUSSING THE DEVELOPMENT OF OPERATIONAL COOPERATION, JOINT OPERATIONS AND INVESTIGATIONS 14 IMPACT ON THE NORWEGIAN POLICE 14.1 THE WIDER EFFECTS OF THE NORWEGIAN SCHENGEN COOPERATION 14.2 EXTRATERRITORIAL PROXIMITY POLICING 15 IMPACT ON NORWEGIAN SOCIETY 15.1 THE PUBLIC 15.2 THE CONCEPTS OF THE POLICE ACT SECTION 1: WHAT DOES 'STATE' AND 'COMMUNITY' MEAN? 15.3 AN EU SOVEREIGN? 15.4 CONCEPT CHANGE IN A POST-WESTPHALIAN SYSTEM 15.5 OUTLOOK: A RETURN TO PROXIMITY POLICING 16 BIBLIOGRAPHY 16.1 NORWEGIAN LEGISLATION AND PUBLIC DOCUMENTS 16.2 NORDIC LEGISLATION, AGREEMENTS AND OTHER DOCUMENTS 16.3 EUROPEAN UNION POLICY AND LEGISLATIVE DOCUMENTS 16.4 INTERNATIONAL CONVENTIONS 16.5 COURT DECISIONS 16.6 REPORTS, OPINIONS, POLICY PAPERS, ETC.