Eurojust and Europol: a critical examination of internal factors limiting the engagement of Member States

Pena-Castro, Jesus (2015) Eurojust and Europol: a critical examination of internal factors limiting the engagement of Member States. MSc dissertation, University of Portsmouth.

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    Abstract

    Eurojust and Europol were created to support the fight against international serious, organised crime and terrorism and significant resources are being invested in their development. Nevertheless, these agencies are not used to their full potential. Member States often do not involve them in cases with a transnational component, preferring direct bilateral cooperation or they simply disregard the international dimension of such investigations.
    This thesis shows that the organisational designs of Eurojust and Europol contain elements that may temper problems generally restraining states’ cooperation in transnational criminal matters, e.g. sovereignty concerns or reluctance to sharing information. In doing so, it investigates strengths and weaknesses in their construction; considers how reforms within the draft Regulations of Eurojust and Europol may affect those elements; and identifies features that may promote the involvement of the states with the bodies. It applies a mixed-methods approach that integrates quantitative and qualitative research strategies. It provides a literature review examining the adequacy and vulnerability of their respective designs. A comparison of the performance of the agencies inquires whether those strengths and weaknesses are reflected in the results. The draft Regulations of Eurojust and Europol are subject of content analysis to assess their future impact. Finally, all previous findings are tested against the opinion of experts through semi-structured interviews.
    The research concludes that the structure of both agencies should include direct control by states of operational priorities and activities; and clearly separated, defined supervision and execution roles. However, the drafts Regulations maintain the current status quo; and they introduce a potential element of duplication with Europol’s task to support judicial coordination, without proper alignment with Eurojust’s mandate. Finally, the research reveals serious concerns about Europol’s reporting mechanisms and about how such reporting is supervised at intergovernmental and supranational levels.

    Item Type: Dissertation
    Departments/Research Groups: Faculty of Humanities and Social Sciences > Institute of Criminal Justice Studies
    Depositing User: Jane Polwin
    Date Deposited: 22 Feb 2016 11:13
    Last Modified: 22 Feb 2016 11:13
    URI: http://eprints.port.ac.uk/id/eprint/19844

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