(Covert) Surveillance of Foreign Terrorism Fighters via the Schengen Information System (SIS): Towards Maximum Operationalisation of Alerts and an Enhanced Role for Europol

Abstract

This article aims to critically evaluate how the legal framework of the Schengen Information System (SIS) and its practical implementation have evolved to address concerns regarding the phenomenon of foreign terrorist fighters (FTFs) and which operational and fundamental rights challenges this evolution poses. In that regard, emphasis is placed on two examples: first, the article examines the maximised operationalisation of alerts on discreet checks under Article 36 of the SIS Regulation on police and judicial cooperation in criminal matters. Then, focus is placed on the forthcoming iregistration of alerts on third-country nationals in the interest of the Union based on Regulation 2022/1190. These alerts will be registered in the SIS with the increased involvement of Europol following information received by third countries or international organisations.