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The establishment and use of cross border criminal intelligence under a European Criminal Intelligence Model in a period of modernism and post modernism societal change in the EU, and issues of accountability and human rights in the dissemination of such criminal intelligence exchange

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Nonninger, Dirk (2017) The establishment and use of cross border criminal intelligence under a European Criminal Intelligence Model in a period of modernism and post modernism societal change in the EU, and issues of accountability and human rights in the dissemination of such criminal intelligence exchange. Doctoral thesis, London Metropolitan University.

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Abstract

Policing in Europe has become more complex, due to the nature of organised crime being more and more trans-national and a growing Europeanization in policing as a result of the creation of European agencies like Europol and Eurojust taking over activities which before the Lisbon Treaty remained within the sole responsibility of single Member State.

Informal law enforcement cooperation between Member States is being transferred into formalised cooperation by European agencies with a specific mandate and specific powers. This development also requires a mechanism to streamline national and European law enforcement priorities. In 2005 the United Kingdom proposed the European Criminal Intelligence Model (ECIM) as the tool to achieve this task. In general terms the ECIM is based on the principles stemming from the concept of intelligence-led-policing as proposed by Ratcliffe (2005). However, until today the implementation of the ECIM is not finalised.

This dissertation will address the conditions for such a model to be successful, especially with regard to the operationalisation of strategic findings at EU level within a national or trans-national setting.

In this regard, the question of the meaning of ‘intelligence’ for the ECIM is examined, especially taking into account that the concept of ‘intelligence’ in law enforcement still is a rather new discipline. In addition, this thesis will discuss the societal framework in which the ECIM is to be deployed with a focus on the respective consequences if our society has changed from modern to a postmodern society.

In relation to the ECIM a reflection on this aspect is of crucial importance as a shift in the societal paradigm would also question the value of a ‘grand narrative’ like the ECIM, a single, monolithic tool that would be able to address the problems in tackling trans-national organised crime as if made from one piece in a European context which is defined by diversity.

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