Eu Border Control For Combating Cross Border Crime: F. Mateaş Florian Mateaş
Eu Border Control For Combating Cross Border Crime: F. Mateaş Florian Mateaş
Eu Border Control For Combating Cross Border Crime: F. Mateaş Florian Mateaş
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ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2013), pp. 88-96
F. Matea
These common values have proved to be necessary to ensure peace and prosperity in the
European Union, constituting criteria for EU enlargement.
Developments in the international security environment at the beginning of the century
and millennium, have radically changed the perception of threats to continental and global
security, which resulted in the review of a broad list of concerns, determining policy makers
and analysts advised to assert that the world changed, that a thorough cooperation, to
mobilize resources combating unconventional threats.
The analysis of the development of contemporary societies reveals that although the
intervention measures and the specialized agencies of social control have intensified against
acts of organized crime in many countries there is a resurgence and a duplication representing
a social problem whose way of expression and resolution is of interest both for control factors
in the field, such as the police, judiciary and administration, and public opinion.
Threats which a decade ago was considered quasi-unanimous, speculations or
analytical assumptions were unlikely to materialize now become reality.
In the current international security cannot be defined in a geographical sense, new
challenges and new reality of national security involving the construction of a new vision,
which involves strengthening cooperation with traditional partners who share the same values
and goals. Without an integrated risk management system (described in Chapter 3) and
vulnerabilities cannot achieve the national security management system and community. By
solving cases and observing the changes, police make proposals to change the legal norms.
2. The European framework regarding border control
2.1 Legal Community instruments for border control
Area of border control and Schengen cooperation, which is very important and at the
same time very sensitive, imposed at Community level, a continuous development of legal
regulations in order to ensure effective security of the EU's external borders.
With the accession to the European Union, the border with Ukraine, Moldova and
Serbia (+ MN) became the external border of the European Union. To secure this border, at
national level, there have been implemented most of the objectives set out in policy
documents so that, currently, state border control and surveillance is carried out in accordance
with the integrated model of border security.
Romanian border authorities as of January 1, 2007 apply to border control and
surveillance principles applied by the European Community, as laid down in EU legal
instruments.
2.2 Common policy in the field of border control
Romania engagement in Schengen integration led to a series of changes aimed
essentially at creating legislative and structural compatibilities harmonizing Romanian
institutions with the EU Member States ones and establish measures to ensure rapid
implementation of new decisions adopted within the Union.
One area of particular interest, both the Union and Romania, is the border issue, which
requires the creation of a common institutional framework that embodies specific courses of
action across the EU.
2.3. External border control
Member States shall designate national service or services in respect of the staff
responsible for the control of border crossings in accordance with their national laws. They
will have to ensure staff and resources so as to ensure efficient, high and uniform checks at
external borders.
Schengen Catalogue states: External borders control, extradition and readmission:
Best practices and recommendations stated that effective border surveillance and control
requires adapting the number of staff in risk assessment by analysis.
Schengen Catalogue recommended that staff intended to control border crossings to
undergo a course on their future tasks, which should include: knowledge of the provisions of
the EU / EC relevant basic rules and procedures, document control ( validity, forgery ), entry
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rules, stay and exit from the country, coordination and cooperation with other agencies,
special cooperation between states in the Schengen internal borders, police cooperation, the
Schengen Information System, judicial cooperation.
However, it is recommended to continue training in the future, meaning that member
institutions should provide programs and facilities at central and local level to assist staff by
providing education and training on relevant issues in their work.
In Romania border crossing points are under the subordination of the Ministry of
Internal Affairs which coordinates the border control activity and ensures public order
through Romanian Border Police1.
2.4. Abolition of controls at internal borders
In accordance with the definitions adopted by the Schengen Borders Code2 internal
borders shall mean the common land borders, including river and lake borders of the
Member States, Member States airports for domestic flights and sea ports, river and lakes of
the Member States for the links of regular ferry.
Citizens, whether belonging to a third country or enjoying the Community right of free
movement, may cross borders in any place without being subject to a prior check.
Principle enshrined in the Schengen Agreement of 1985, under which will be removed
internal border controls is only applicable to common borders of Schengen Member States
and does not require the abolition of borders, as it is often interpreted. The fact that it will
abolish checks at internal borders shall not affect in any way the controls within the territory.
2.5. Characteristics of border control
The legal basis for the control of these categories is given by: Directive no. 38/2004
(Articles 4, 5 and 27) on the right to free movement and residence in Member States for
Union citizens and their family members, Schengen Borders Code (Article 7) and the
Agreement between the European Community and its Member States, of the one part, and the
Swiss Confederation on the other part, on the free movement of persons.
Before discussing specific border control rules for these categories, we must specify
which persons are enjoying the Community right of free movement, but without making
reference to the evolution of the concept and its consecration in international legal
instruments, European and national.
2.6. The efficiency of border surveillance activity
At the national level, to achieve effective supervision of the border we are seeking to
adopt, improve and implement best practices of EU countries. To this end the new design was
implemented surveillance and border control, which provides the general framework for a
unitary approach, consistent with European standards of security concepts and a high level of
border control.
The main purposes of border surveillance, identified by the Schengen Borders Code
are:
- prevent unauthorized border crossings;
- countering cross-border crime;
- take measures against persons who have crossed the border illegally.
2.7. Joint border control
As required by international law, the borders are the " line which determines the limit
of the territorial jurisdiction of the state" and present de facto the limits sovereignty, being a
sensitive topic in all countries. Meanwhile, the process of European integration and regional
cooperation issues grouped border area, often exclusive relationships between two countries,
in a separate chapter. Integration into the Schengen area is directly dependent on the success
Decision no. 445 of 9 May 2002 for the approval of the methodological norms of implementing the
Emergency Ordinance no. 105/2001 regarding the state border.
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Art. 2, alin. 1
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F. Matea
of each state record in the process of securing their borders, including by improving border
control and management by policy standards, principles and community requirements.
Usually, by establishing joint control EU countries are pursuing a number of key
objectives such as:
- changing the complicated and lengthy formalities at the border crossing operations making
them faster and simpler for individuals and for the transit of goods;
- a border control more efficient and transparent;
- reducing the operating costs of border checkpoints;
- reducing risks of various phenomena difficult to counter, such as corruption and illegal
trafficking of goods and people.
3. Main risks and threats at national security
Sources of instability, dangers and threats are directly proportional to the evolution of
society, with positive effects, but also many contradictory effects. Interestingly, cross-border
crime is not a product of a civilization or another, as sometimes is understood, but the
degradation of the human condition, the evil that grows increasingly more inside world.
Romania's geo-strategic position makes the Black Sea an indispensable part of EuroAtlantic security and prosperity. Many of transnational threats facing Europe come from this
region. A too much of the Basin is dominated by economic stagnation, unsafe and insecure
borders, organized crime activities and frozen ethnic conflicts.
Knowledge advances in threatening rhythms and is spreading rapidly and expanded
spaces. Traditional pre- industrial societies, national and regional economies, social attitudes
and behaviors are interrelated and remodels civilizations face, everything seems to be heading
inevitably towards global state. At the beginning of the third millennium it is clear that a new
world is born, even if, in some way at least three worlds continue to exist.
3.1. Operational risk analysis3 - Case study
Stadard risk analysis is based on geographical and demographical and leads to a
description of the areas of high, normal and low risk. This is used to support the different
needs in surveillance. Another standard procedure is to gather strategical data on illegal
crossings.
3.1.1 Border Crossing Points
In the following we will focus on border crossing points. Here Schengen Borders
Code requires a 100 % control of persons crossing the border. Where this requirement is met,
it means that every person will meet with a border guard. So everyone will have to have
personal travel documents for legal entry or exit. People who do not have travel documents
available will be sent back.
But when they occur due to other types of illegal activities, they cannot be discovered
during border control measures. Let's take an example of illegal crossing of persons inside the
trucks. It is well known that this type of activity takes place several times a day along the EU
border. Often it is the poor victim of trafficking networks, one that is hidden in the truck, the
person who otherwise will not make any change in crossing the border. To control the
contents of a container truck requires a task that requires a lot of time, X-ray machines, CO2
samples, heartbeat detectors, etc.
3.1.2 Periodical operations
Suppose that during a week a joint operation is organized, where the idea of action is
to detect activities led by people inside the truck by increasing control over the day. The
trucks are randomly selected, because the idea is to collect statistical information available. In
a BCP the lower traffic is of 200 trucks per day. Because downloading is hard work, the staff
is able to search the 10 trucks, which means 5% of the total traffic each day.
The following figure shows the situation of 200 trucks of which 10 (5%) are controlled.
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Figure 5.
Again, technical and human resources in the BCP allow only 10 checks during the
operation. The next figures show checks based on profilation.
Risk profile does not cover all the crimes. 70% of the border crossings take place in
the trucks that correspond to the risk profile.
The estimated number of hits is 3.5 probably because we hit three or more trucks.
Very different from the previous example, where I had to hit just 0 or 1 truck? and again, it is
important to see what's behind the statistics. This time you will not have to multiply
detections in the way we did in the previous one. The crowd is now the corresponding risk
profile. We searched 50 % of them and found three illegal cargos. Conclusion: the 20 trucks
that match the risk profile is an average of 2x3 = 6 cases in total.
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One can now say that I have done is not enough to count criminal activity: even if we
stopped three trucks, seven have passed so the crime is profitable. This conclusion is valid
only if we talk about organizing an operation and if we leave things the same after that. But if
you maintain this level of control (50 % searches in the group corresponding risk profile), the
arrest rate is huge and very soon will reduce illegal crossings. Why?
First, the result of arrest is very damaging for the person involved. In this case, these
losses count more than any potential payments for illegal transportation of people.
Another aspect is that maintaining a constant risk of being searched, will make
systematic illegal activities of the same individuals become impossible: the risk of being
arrested accumulates over time. The following graphic shows the progress over a year. This
truck illegally transports people once a month. At the BCP, every time he encounters a risk of
arrest of 30 %.
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