External Dimension of the EU Counter-Terrorism Policy

By Research Fellow Mr. Claudio Matera (co-editor and contributing author) The threat posed by international terrorism has led to the development of a global EU Counter-Terrorism Strategy and has acted as a catalyst to constitutional and institutional reforms, as well as substantive innovations. In particular, it has triggered the development of the EU’s Area of Freedom, Security and Justice (AFSJ) and its external dimension, where counter terrorism initiatives have acquired a strategic importance. As a result of this, the EU has undertaken a range of actions, from the conclusion of sector-specific agreements and the adherence to international initiatives such as the Global Counter Terrorism Forum (GCTF), to the insertion of CT clauses in its traditional instruments of external action. The increasing importance of AFSJ agencies such as Europol and Eurojust as key actors in this area has been confirmed and the fight against terrorism has also become a pivotal element in the context of the EU’s foreign policy, enabling the EU to affirm itself as a global security actor. However, the development of EU Counter-terrorism policy and its acquis has been marked by a number of conflicts and tensions, notably pertaining to the rule of law, in its institutional and its substantive acceptations. This special issue of the CLEER working paper series builds upon the presentations and discussions that took place at the homonymous conference held in Brussels on the 22 February 2013 which was organised by ICCT in cooperation with the Centre for the Law of EU External Relations (CLEER). It brings together leading scholars and practitioners reflecting on the ever-expanding grid of the EU’s global fight against terrorism. The collection of essays focus in particular on the external dimension pertaining to the EU’s Area of Freedom, Security and Justice (AFSJ) and its impact on counter terrorism law. While acknowledging the need for security in the Union, a main theme of the contributing authors in this volume is the EU’s need to get back to basics, to guarantee adequate protection of due process rights and to uphold the rule of law. It is against this backdrop that the papers set out to examine both the procedural and substantive legal implications of the EU’s counter-terrorism policy and to identify the key challenges for the future.