【EUにおける警察協力と主権:ノルウェーの教訓】
Police Cooperation and Sovereignty in the EU(Transnational Criminal Justice) H 300 p. 18
Ugelvik, Synnøve 著
目次
1 INTRODUCTION 1.1 CONTEXT AND THE ISSUES AT STAKE 1.2 INTRODUCING THE NORWEGIAN POLICE 1.3 ON SOVEREIGNTY 1.4 METHODS 1.5 RESEARCH QUESTIONS AND THE WAY FORWARD PART I: NORWAY AND THE EU 2 THE POLICE ACT OF 1995: THE MODERN NORWEGIAN POLICE ORGANISATION 2.1 POLICE WORK IN NORWAY: WHAT SHOULD THE POLICE DO, AND HOW SHOULD THEY DO IT? 2.2 POLICE COMPETENCES, INCLUDING RULES OF CONDUCT AND PROCEDURE 2.3 CONTEXT AND SYNTHESIS OF THE 1995 POLICE ACT 2.4 THE STRUCTURE AND UNITS OF THE NORWEGIAN POLICE 3 THE NORDIC POLICE COOPERATION OUTSIDE OF THE EU SYSTEM 4 THE DEVELOPMENT OF EU CRIME CONTROL POLICIES AND THE NORWEGIAN (NON) MEMBERSHIP 4.1 FROM WORLD WAR II TO SCHENGEN 4.2 THE EC VIA THE SINGLE MARKET TO THE UNION 4.3 THE AREA OF FREEDOM, SECURITY AND JUSTICE, AND THE CONSTITUTIONAL CHANGES 5 THE DEVELOPMENT OF POLICE COOPERATION WITHIN THE EU 5.1 COUNCIL OF EUROPE 5.2 TREVI – EUROPOL 6 NORWAY – INSIDE OR OUTSIDE? 6.1 NORWAY AND THE EEA 6.2 THE SCHENGEN COOPERATION 6.3 FROM 'NO' TO 'YES, PLEASE': WHAT CHANGED? 7 INTERNAL SOVEREIGNTY: THE QUESTION OF MEMBERSHIP 7.1 BECOMING A MEMBER 7.2 THE OBLIGATION TO JUSTIFY 7.3 TWO JUSTIFICATIONS: NORDIC RELATIONS AND CROSS-BORDER CRIME 7.4 MOVING IN: FROM THE EEA TO THE SCHENGEN 7.5 CONSIDERING SOVEREIGNTY INFRINGEMENTS 8 EXTERNAL SOVEREIGNTY: NORWAY AND EU INSTITUTIONS 8.1 THE EU POLITICAL INSTITUTIONS 8.2 THE COURT OF JUSTICE OF THE EUROPEAN UNION 8.3 INFLUENCE AND THE SCHENGEN MIXED COMMITTEE 8.4 FOREIGN COURTS WITH JURISDICTION OVER NORWEGIAN POLICE ACTIVITIES 8.5 JURISDICTION AND INVESTIGATION 8.6 EFFECTS FOR THE STATE AND STATE SOVEREIGNTY PART II: EU POLICE COOPERATION: THE PRACTICAL REGULATIONS AND THEIR IMPACT ON NORWAY 9 INFORMATION EXCHANGE AND ANALYSIS 9.1 INFORMATIONAL POLICE WORK IN NORWAY 9.2 THE SCHENGEN INFORMATION COOPERATION 9.3 OTHER AVAILABLE DATABASES 9.4 EUROJUST 9.5 DIFFERENCES AND SIMILARITIES BETWEEN THE SYSTEMS 10 ACTIONS FOLLOWING HITS IN THE DATABASES 10.1 REQUESTS FOR SURVEILLANCE OR SPECIFIC CHECKS 10.2 ARREST 11 LIAISON OFFICERS: BETWEEN OPERATIONAL AND NON- OPERATIONAL COOPERATION 12 NATIONAL LAW ENFORCEMENT ON FOREIGN TERRITORY: OPERATIONAL COOPERATION 12.1 THE DEVELOPMENT AND CONTENT OF THE RELEVANT NORWEGIAN LEGAL BASIS 12.2 HOT PURSUIT AND CROSS-BORDER SURVEILLANCE 12.3 CONTROLLED DELIVERIES AND COVERT INVESTIGATION 12.4 CONSIDERING THE OPERATIONAL COOPERATION 13 JOINT OPERATIONS AND INVESTIGATIONS 13.1 JOINT INVESTIGATION TEAMS 13.2 JOINT OPERATIONS 13.3 MANAGING INVESTIGATION IN NORWAY 13.4 DISCUSSING THE DEVELOPMENT OF OPERATIONAL COOPERATION, JOINT OPERATIONS AND INVESTIGATIONS 14 IMPACT ON THE NORWEGIAN POLICE 14.1 THE WIDER EFFECTS OF THE NORWEGIAN SCHENGEN COOPERATION 14.2 EXTRATERRITORIAL PROXIMITY POLICING 15 IMPACT ON NORWEGIAN SOCIETY 15.1 THE PUBLIC 15.2 THE CONCEPTS OF THE POLICE ACT SECTION 1: WHAT DOES ‘STATE’ AND ‘COMMUNITY’ MEAN? 15.3 AN EU SOVEREIGN? 15.4 CONCEPT CHANGE IN A POST-WESTPHALIAN SYSTEM 15.5 OUTLOOK: A RETURN TO PROXIMITY POLICING 16 BIBLIOGRAPHY 16.1 NORWEGIAN LEGISLATION AND PUBLIC DOCUMENTS 16.2 NORDIC LEGISLATION, AGREEMENTS AND OTHER DOCUMENTS 16.3 EUROPEAN UNION POLICY AND LEGISLATIVE DOCUMENTS 16.4 INTERNATIONAL CONVENTIONS 16.5 COURT DECISIONS 16.6 REPORTS, OPINIONS, POLICY PAPERS, ETC.