The Sum of All Friends: Improving Cross-border Intelligence Sharing in Europe - the Case of the Benelux

Abstract

In battling organized crime and terrorism, the sharing of intelligence is of crucial importance. This is especially true in Europe, where suspects can easily travel between the different ‘Schengen’ jurisdictions, which allows free movement of persons. It is crucial for EU member states to pool resources and share intelligence if they want to gain the upper hand in crime-fighting and counter-terrorism operations. Due to the highly sensitive nature of intelligence and the fact that being secretive is a tool of the trade, sharing does not come naturally to policing and intelligence agencies, especially not with foreign partners. However, there is a need to re-envision the relationships of these agencies with their foreign counterparts vis-à-vis intelligence sharing. This article will shed light on how cross-border intelligence sharing is currently undertaken by focusing on international police cooperation in the EU. By identifying the practices that have shaped the 2018 Benelux police cooperation treaty, this article will demonstrate how the EU can strengthen its intelligence-sharing mechanisms. In doing so, it aims to highlight the obstacles to overcome in order to level the playing field between criminals and terrorists on the one hand and policing and intelligence agencies on the other.