International legal status of operational cooperation between Europol and Interpol in combating transnational security threats

Operational cooperation between Europol and Interpol in the context of growing transnational threats requires a critical rethinking of its international legal status due to existing legal conflicts, divergent accountability standards and limited coherence of mandates. The study aimed to determine the level of legal compatibility of the forms of cooperation between the two organisations with the principles of international law and the norms of European Union law. The methodological basis was formed by formal legal, comparative legal and institutional analysis, with the use of case law of the Court of Justice of the European Union and the European Court of Human Rights. The study determined that the legal status of Europol and Interpol differs significantly in terms of institutional nature, sources of regulation and external control mechanisms, which affects the legal compatibility of their operational interaction. An analysis of joint operations, such as Emma and Opson II, demonstrated that the lack of unified procedures and a regulatory framework makes it difficult to ensure transparency, accountability and compliance with legal standards. The study determined that Europol is limited by the norms of European Union law, in particular, on the protection of personal data and human rights, while Interpol acts autonomously, outside the framework of supranational jurisdiction. A comparative analysis of the case law of the Court of Justice of the European Union and the European Court of Human Rights has confirmed the need to unify approaches to assessing the legality of operational activities within the framework of transnational cooperation. The study proved that the existing legal conflicts between the Interpol and Europol systems create risks of double jeopardy and legal liability, especially in the context of rapidly growing cross-border threats. The study concluded by proposing to consider the prospects of codifying the international legal framework for joint police action as a way to ensure legal certainty and efficiency of inter-institutional cooperation. The study concluded that the legal interaction between Europol and Interpol requires clearer regulatory regulation, incorporating the requirements of legal certainty, jurisdictional consistency and respect for fundamental rights. The practical significance of the study is determined by the formation of a conceptual framework for the development of unified international legal mechanisms for control, information exchange and responsibility in the field of joint operational activities

Authors

Publication Details

Journal
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav
Published
2025-04-19
DOI
https://doi.org/10.63341/naia-herald/2.2025.46
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

International legal status of operational cooperation between Europol and Interpol in combating transnational security threats

Оlena Tykhonova, Larysa Herasymenko
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav
European and International Law Studies
article

International legal status of operational cooperation between Europol and Interpol in combating transnational security threats

Оlena Tykhonova, Larysa Herasymenko
article en

Abstract

Operational cooperation between Europol and Interpol in the context of growing transnational threats requires a critical rethinking of its international legal status due to existing legal conflicts, divergent accountability standards and limited coherence of mandates. The study aimed to determine the level of legal compatibility of the forms of cooperation between the two organisations with the principles of international law and the norms of European Union law. The methodological basis was formed by formal legal, comparative legal and institutional analysis, with the use of case law of the Court of Justice of the European Union and the European Court of Human Rights. The study determined that the legal status of Europol and Interpol differs significantly in terms of institutional nature, sources of regulation and external control mechanisms, which affects the legal compatibility of their operational interaction. An analysis of joint operations, such as Emma and Opson II, demonstrated that the lack of unified procedures and a regulatory framework makes it difficult to ensure transparency, accountability and compliance with legal standards. The study determined that Europol is limited by the norms of European Union law, in particular, on the protection of personal data and human rights, while Interpol acts autonomously, outside the framework of supranational jurisdiction. A comparative analysis of the case law of the Court of Justice of the European Union and the European Court of Human Rights has confirmed the need to unify approaches to assessing the legality of operational activities within the framework of transnational cooperation. The study proved that the existing legal conflicts between the Interpol and Europol systems create risks of double jeopardy and legal liability, especially in the context of rapidly growing cross-border threats. The study concluded by proposing to consider the prospects of codifying the international legal framework for joint police action as a way to ensure legal certainty and efficiency of inter-institutional cooperation. The study concluded that the legal interaction between Europol and Interpol requires clearer regulatory regulation, incorporating the requirements of legal certainty, jurisdictional consistency and respect for fundamental rights. The practical significance of the study is determined by the formation of a conceptual framework for the development of unified international legal mechanisms for control, information exchange and responsibility in the field of joint operational activities

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav
Openalex Percentile: Top 77%
European and International Law Studies
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