The role of Europol and Eurojust in countering the threat of FTFs: An evolving mandate

Abstract

Foreign Terrorist Fighters (FTFs) can pose a major security threat to EU Member States as after they return to the EU, they may engage in terrorism-related activities. In order to curb this threat, the EU and the Member States have adopted a multidisciplinary strategy. This article discusses the role that Europol and Eurojust play in supporting Member States in their efforts to combat FTFs effectively, including in their relations with third partners. Their role is particularly necessary in the field of the so-called ‘criminal justice response’, which is one of the core pillars of the holistic approach to address FTFs and consists of investigating and prosecuting crimes allegedly committed by FTFs abroad, including terrorism-related crimes and core international crimes. Aside from the respective role that each agency can play in the fight against FTFs, Europol and Eurojust cooperate closely with each other to scale up the chances of a successful response. Although, both agencies have considerably helped Member States tackle the FTF phenomenon, there are still some challenges which lie in their interagency cooperation when it comes to the collection and use of evidence, and in the lack of cooperation agreements with some significant in the field third partners. Finally, the recent revision of both agencies’ mandate is expected to further enhance the Europol and Eurojust’s capacity in supporting Member States’ efforts to combat FTFs; nevertheless, it raises some concerns as regards the fundamental rights of individuals concerned.