The EU Parliament Anti-terrorism policy
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Wu Yuan
Philosophy School
Research paper Supervisor: Dr. Sekou Conde
Minzhu University of China
2006-2007 Academic Year
The EU Parliament anti-terrorism policy
Abstract: the anti-terrorism policy became more urgent following the attack of 11 September 2001 with the surge in acts of terrorism worldwide. As to preventing the terrorism, the EU Parliament took many measures. But there is inevitably a conflict between freedom of the individual and measures taken by the government. The EU Parliament also concerned the relation between anti-terrorism and human rights, and it has emphasized that human rights norms must be rigorously respected. How to balance the relation between the defense of human rights and upholding the policy of anti-terrorism is the heart of the counter-terrorism strategy.
Key words: terrorism, anti-terrorism policies, human rights, balance
The EU Parliament is the only directly-elected body of the European Union. The work of the EU Parliament is very important because it makes many policies about individual and social life. These policies all play an important role on the daily lives of European citizens: For example, on environmental protection, consumer rights, equal opportunities, transport, and capital, services and goods.
Of course, the anti-terrorism policy of EU Parliament is an important part in its policy system. This topic indicates that EU Parliament faced many contradiction and choices; it also told us that a government should balance the public power and individual rights. It is not the State that controls the citizens but the citizens who control the State.
1. The EU Parliament and terrorism
What is terrorism? It is necessary to give a simple introduction about terrorism, because in an objective study, there must have a clear background. But it is hard to define terrorism exactly, there is an example that everyone known: “9.11” terrorism event.
On September 11, 2001, a series of terrorist attacked the United States, it made almost 5,000 people dead and the World Trade Center in New York City completely destroyed. As the attacks were directed against the U.S., and the U.S. is the only superpower in the world, they must have brought about great impact on both the United States and the world. As for the impact of the September 11 terrorist attacks, terrorism comes to be a popular word over the world. In other countries of the world, the terrorism also made the bad impact on the social stability. For example, the London attacks in July 2005.
Therefore to make the anti-terrorism policy is necessary. And we can see that not only the United Nations laid down a series of anti-terrorism policies and Global Counter-Terrorism Strategy, but also all nations made some plans to counter terrorism. The EU Parliament as the important part of the European Union, it plays an active role in drafting legislation almost every area. So the anti-terrorism of the EU Parliament is worth studying well.
As to preventing the terrorism, the EU Parliament took many measures. The Hague programme is one of anti-terrorism policies, it is a five-year programme for closer co-operation in justice and home affairs at EU level from 2005 to 2010. It aims to make Europe to become an area of freedom, security and justice. The Hague programme mainly focused on setting up a common immigration and asylum policy for EU member states. The immigration and asylum policy is to counter terrorism, the measures about anti-terrorism contain following:
(1) The fight against terrorism: prevention, preparedness and response.
(2) Privacy & security in sharing information: balancing the need to share information among law enforcement and judicial authorities with privacy and data protection rights.
(3) Fundamental rights and citizenship: development of policies enhancing citizenship, monitoring and promoting respect for fundamental rights.
(4) Freedom, security and justice: reviewing the effectiveness of policies and financial instrument in meeting the objectives of freedom, security and justice.[??/span>]
As we can see that the EU Parliament adopted many strict measures on counter terrorism. Without corresponding policy, it is that the terrorism will be much bolder and brutal. The EU Parliament also establish many details on its anti-terrorism policy, for example, the parliament opposed to the transfer of air passenger data to the American and Canadian authorities, strengthening of visa information systems, using biometric details on passports and so on. In these years, we often see that the bottles of water and toilet articles while traveling are not allowed to be taken by air, especially after the London attacks. So we can say that the anti-terrorism policy is around us, it is so nearly.
2 .The anti-terrorism policy and Human rights
The EU Parliament takes so many measures to fight against the terrorism in order to protect society and people. But there is inevitably a conflict between freedom of the individual and measures taken by the government. In 2004, the EU Parliament adopted seven recommendations and resolutions on the fight against terrorism. However, at the same time, people opposed to some anti-terrorism measures in certain areas. For example, as we just mentioned that the parliament opposed to the transfer of air passenger data to the American and Canadian authorities, many people were not satisfied with this decision. The government has its own reason, may be it is right, but whatever it did, its basis must be the citizen.
Therefore, the anti-terrorism policy is not merely focus on fighting against terrorism, but considering human rights. It is important to balance the individual right and the policy of civil society. There is a long history of concerning human rights; this is the basic problem of society, any policy can not avoid it. Of course, there is not only one example about the EU Parliament anti-terrorism policy; it is needed to give several other examples to make us know this topic clearly.
The first example of measures for preventing terrorism is that machine-readable passports and identity cards. These forms of passports and identity card contain biometric data, even conclude people’ fingerprints. That sounded specifically, the government use modern technologies to distinguish people’ identity. The new passport and identity card are different from old styles, they contain much more biometric data information, and much more details also included. Once you want to go out by air, you must show your new card, or there will be many troubles for you.
The biometric card may be a good choice for government to check traveler’ identity in the process of anti-terrorism and certain number of terrorist may be found. But many people of EU are against the idea of a biometric national identity card. The new passport and identity card contain too much biometric character of people, may be people’s blood type, fingerprints, and so on. It seems the card contains much information and details, but this information is private in some degree. The government should protect the privacy of its civil, and some private information also should be protected. If we remember The Hague programme mentioned above, the second measure we quoted: “Privacy & security in sharing information: balancing the need to share information among law enforcement and judicial authorities with privacy and data protection rights”[??/span>], it is useful for understanding deeply.
The government not only tries to establish policy for civil society, but also give the protection to the individual, the contradiction is inevitable. The privacy right is one of the most important rights of the civil, if the government didn’t deal it well, there would be much more troubles. A passport of this kind has been tested in France, at Charles de Gaulle Airport. Most of the British public is against the idea of a biometric national identity card.
The second example is that contradictory between the policy of the EU Parliament and freedom of the individual. In the process of countering terrorism, the EU parliament adopted some measures to defend terrorism and protect people’s security. The government strengthen the customs law, when people go aboard they will face much stricter check, they should show the biometric identity card, their baggage must be checked. Besides, the measures also contained some details like exchange of information, border control, security of travel documents and police and judicial co-operation, etc.
But many people thought that the strict security measures would to the detriment of individual freedom. Imagined that your baggage is no secret, it lacked of the privacy, everyone know what in your baggage, and even your cosmetics were not allowed. If you want to go aboard, you would be checked radically, there is little freedom of yourself. Particularly after the attack in London, this tendency is more and more strengthen, it is much more difficult to go aboard freely.
The third example focus on the relation between the power of authority and people’s right. It is necessary to quote a question to Jean-Marie CAVADA (ALDE, FR), Chair of the Committee on Civil Liberties, Justice and Home Affairs: On several occasions you have spoken in favor of strengthening the powers of the European Parliament as regards legal immigration, data protection, the fight against terrorism, and indeed criminal matters. Why do you believe that Parliament should have a stronger voice in the area of freedom, security and [...]
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