Ugelvik Police Cooperation and Sovereignty in the EU

Norway’s Lessons for Europe
1. Auflage 2018
ISBN: 978-0-429-99466-1
Verlag: Taylor & Francis
Format: EPUB
Kopierschutz: 0 - No protection

E-Book, Englisch, 300 Seiten

Reihe: Transnational Criminal Justice

The State and the police are traditionally seen as closely connected phenomena. Today, however, rapid EU legal developments mean that European police forces are no longer tied to a specific national legal context or a specific territory in the way they used to be.
Norway is not a member of the EU. Or is it? This book shows that although it lacks formal membership status, Norway has become part of almost all of the major EU police cooperation measures and agreements. Not only does this mean that foreign police forces may operate on Norwegian territory and vice versa, but in addition, a wide range of EU regulations and cooperation instruments are incorporated directly into Norwegian law. With the increased focus on international and transnational police cooperation in mind, what does it mean to be a sovereign state in Europe today?
This book combines strong legal and theoretical analyses of a specific national system to show how this country is tied to and dependent on a wider international and supranational system of legal rules, technologies and concepts. This makes the book relevant not only for the Norwegian prosecution and police authorities, but also for readers outside Norway interested in exploring how and whether the police as a modern state function has changed through the implementation of international cross-border cooperation mechanisms.

Autoren/Hrsg.

Ugelvik, Synnøve

Fachgebiete

• Rechtswissenschaften Strafrecht Strafverfahrens- und -prozessrecht, Strafverteidigung und Opferschutz
• Interdisziplinäres Wissenschaften Wissenschaften Interdisziplinär Wirtschafts- und Sozialwissenschaften

Inhaltsverzeichnis

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.

Über Autor(innen)

Synnøve 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 Retfærd.