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Papers by Céline C . Cocq
Book Chapters by Céline C . Cocq
“Encryption and anonymisation online: Challenges for law enforcement authorities within the EU” i... more “Encryption and anonymisation online: Challenges for law enforcement authorities within the EU” in Tobias Bräutigam and Samuli Miettinen (eds.) Data Protection, Privacy and European Regulation in the Digital Age (Helsinki: Forum Iuris, 2016), pp. 178-204.
Terrorism law is as international as it is regionally distinct and as difficult to define as it i... more Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real world application. Including a thematic introduction and conclusion, this book will help establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
Reports by Céline C . Cocq
The article conducts a comparative study of the development in the use of surveillance technologi... more The article conducts a comparative study of the development in the use of surveillance technologies for the prevention and investigation of serious crime within three selected national jurisdictions – France, Italy and the United Kingdom. It tests the existence of a double shift: (a) surveillance technologies introduced in relation to serious crimes are increasingly used for the purpose of preventing and investigating “minor” offences; at the same time, surveillance technologies originally used for public order purposes in relation to minor offences are now increasingly affected to the prevention and investigation of serious crime; (b) means at the disposal of each actor (intelligence and law enforcement agencies) for the prevention and investigation of serious crime are evolving so that the share of tasks and competences has become blurred Two surveillance technologies are selected as case studies: the interception of telecommunications and video-surveillance. The human rights dimension – the right to privacy and the principle of proportionality – constitutes the normative background of the present work.
Within the context of the SURVEILLE project, which offers a legal and ethical analysis of issues ... more Within the context of the SURVEILLE project, which offers a legal and ethical analysis of issues surrounding the use of surveillance technologies in the three phases of countering serious crime (prevention, investigation and prosecution) at the national as
well as at the EU level, this deliverable focuses on the use of
retained data in the fight against serious crime.
This research aims at conducting a comparative study of the use of retained data within selected national jurisdictions for the purpose of investigating and prosecuting serious crime.
The authors are testing in this paper a hypothesis, which is
used to describe a trend underlying a current evolution in
this domain. The hypothesis relates to the so-called catalysing effect of serious crime on the increasing use of data retention for the purpose of investigating and prosecuting serious crime.
The catalysing effect of serious crime on the use of such a measure
is amplified by the fact that the Data Retention Directive leaves a wide discretion to Member States and that the implementing legislation broadens the scope of application of data retention both regarding offences and authorities involved. T
hus, the access of data retained by the private sector for investigation purposes and the subsequent use for prosecution
purposes has been studied in nine EU Member States, namely Belgium, France, Germany, Italy, the Netherlands, Poland, Romania, Spain and the United Kingdom.
The comparative analysis of these case studies allow us to highlight potential differences in those legal provisions that
regulate the retention and subsequent use of information between European Member States with an authoritarian past and Member States without such a past.
The human rights dimension is the normative background of the
project as a whole, and thus of the present work.
Peer-review articles by Céline C . Cocq
Transposition de la Résolution 2178 (2014) par la Belgique et la France: Vers une répression des combattants terroristes étrangers toujours plus préventive et fournie, 2016
This paper studies the development of the institutional frameworks for cooperation in the fight a... more This paper studies the development of the institutional frameworks for cooperation in the fight against terrorism in two regional organisations: the European Union and the Association of South East Asian Nations. In particular, it will analyse the mechanism of intelligence and information sharing developed at the regional level. First, it will assess the different approaches and the mechanisms existing within the two regions and highlight obstacles to such sharing: the willingness and ability of Member States. Then, it will assess how these mechanisms fare in terms of human rights. The lack of real protection of personal data constitutes a serious concern in connection with these mechanisms of information sharing. Thus, the paper demonstrates that Member States have started a global rush for information. Yet there are still many challenges to overcome to improve the mechanisms of intelligence and information sharing themselves and to better protect human rights in doing so.
Within the context of the SURVEILLE project, which offers a legal and ethical analysis of issues ... more Within the context of the SURVEILLE project, which offers a legal and ethical analysis of issues surrounding the use of surveillance technologies in three phases of countering serious crimes (prevention, investigation and prosecution) at the national as well
as at the EU level, this deliverable conducts a comparative study of the development in the use of surveillance technologies for the prevention and investigation of serious crime within three selected national jurisdictions –France, Italy and the United Kingdom. It tests the existence of a double shift: (a) surveillance technologies introduced in relation to serious crime are increasingly used for the purpose of preventing and investigating “minor” offences; at the same time, surveillance technologies originally used for public order purposes in relation to minor offences are now increasingly affected to the prevention and investigation of serious crime; (b) means at the disposal of each actor (intelligence and law enforcement agencies) for the prevention and investigation of serious crime are evolving so that the share of tasks and competences has become blurred. Two surveillance technologies are selected as case studies: the interception of telecommunications and video-surveillance.
The human rights dimension – the right to privacy and the principle of proportionality – constitutes the normative background of the present work.
The European Union (EU) has no powers to dictate to its Member States how to structure their crim... more The European Union (EU) has no powers to dictate to its Member States how to structure their
criminal justice systems. But, it is a very good platform in which actors may think and work
together in order to combat transnational crime by agreeing common legislation and actions.
However, discrepancies remain with regard to definitions of key terms such as ‘information’ and
‘intelligence’ and also the distribution of competences between national authorities. These national
discrepancies – highlighted by the analysis of a sample of EU Member States – lead to diverging
methods and responses which may raise human rights issues and limit cross-border cooperation. A
vertical and horizontal analysis, focusing on the definitions of the two terms provided in the different
jurisdictions and on the way in which these definitions are influenced by the distributions of
competences at the national level, calls for a more harmonized voice within the region.
“Encryption and anonymisation online: Challenges for law enforcement authorities within the EU” i... more “Encryption and anonymisation online: Challenges for law enforcement authorities within the EU” in Tobias Bräutigam and Samuli Miettinen (eds.) Data Protection, Privacy and European Regulation in the Digital Age (Helsinki: Forum Iuris, 2016), pp. 178-204.
Terrorism law is as international as it is regionally distinct and as difficult to define as it i... more Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real world application. Including a thematic introduction and conclusion, this book will help establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
The article conducts a comparative study of the development in the use of surveillance technologi... more The article conducts a comparative study of the development in the use of surveillance technologies for the prevention and investigation of serious crime within three selected national jurisdictions – France, Italy and the United Kingdom. It tests the existence of a double shift: (a) surveillance technologies introduced in relation to serious crimes are increasingly used for the purpose of preventing and investigating “minor” offences; at the same time, surveillance technologies originally used for public order purposes in relation to minor offences are now increasingly affected to the prevention and investigation of serious crime; (b) means at the disposal of each actor (intelligence and law enforcement agencies) for the prevention and investigation of serious crime are evolving so that the share of tasks and competences has become blurred Two surveillance technologies are selected as case studies: the interception of telecommunications and video-surveillance. The human rights dimension – the right to privacy and the principle of proportionality – constitutes the normative background of the present work.
Within the context of the SURVEILLE project, which offers a legal and ethical analysis of issues ... more Within the context of the SURVEILLE project, which offers a legal and ethical analysis of issues surrounding the use of surveillance technologies in the three phases of countering serious crime (prevention, investigation and prosecution) at the national as
well as at the EU level, this deliverable focuses on the use of
retained data in the fight against serious crime.
This research aims at conducting a comparative study of the use of retained data within selected national jurisdictions for the purpose of investigating and prosecuting serious crime.
The authors are testing in this paper a hypothesis, which is
used to describe a trend underlying a current evolution in
this domain. The hypothesis relates to the so-called catalysing effect of serious crime on the increasing use of data retention for the purpose of investigating and prosecuting serious crime.
The catalysing effect of serious crime on the use of such a measure
is amplified by the fact that the Data Retention Directive leaves a wide discretion to Member States and that the implementing legislation broadens the scope of application of data retention both regarding offences and authorities involved. T
hus, the access of data retained by the private sector for investigation purposes and the subsequent use for prosecution
purposes has been studied in nine EU Member States, namely Belgium, France, Germany, Italy, the Netherlands, Poland, Romania, Spain and the United Kingdom.
The comparative analysis of these case studies allow us to highlight potential differences in those legal provisions that
regulate the retention and subsequent use of information between European Member States with an authoritarian past and Member States without such a past.
The human rights dimension is the normative background of the
project as a whole, and thus of the present work.
Transposition de la Résolution 2178 (2014) par la Belgique et la France: Vers une répression des combattants terroristes étrangers toujours plus préventive et fournie, 2016
This paper studies the development of the institutional frameworks for cooperation in the fight a... more This paper studies the development of the institutional frameworks for cooperation in the fight against terrorism in two regional organisations: the European Union and the Association of South East Asian Nations. In particular, it will analyse the mechanism of intelligence and information sharing developed at the regional level. First, it will assess the different approaches and the mechanisms existing within the two regions and highlight obstacles to such sharing: the willingness and ability of Member States. Then, it will assess how these mechanisms fare in terms of human rights. The lack of real protection of personal data constitutes a serious concern in connection with these mechanisms of information sharing. Thus, the paper demonstrates that Member States have started a global rush for information. Yet there are still many challenges to overcome to improve the mechanisms of intelligence and information sharing themselves and to better protect human rights in doing so.
Within the context of the SURVEILLE project, which offers a legal and ethical analysis of issues ... more Within the context of the SURVEILLE project, which offers a legal and ethical analysis of issues surrounding the use of surveillance technologies in three phases of countering serious crimes (prevention, investigation and prosecution) at the national as well
as at the EU level, this deliverable conducts a comparative study of the development in the use of surveillance technologies for the prevention and investigation of serious crime within three selected national jurisdictions –France, Italy and the United Kingdom. It tests the existence of a double shift: (a) surveillance technologies introduced in relation to serious crime are increasingly used for the purpose of preventing and investigating “minor” offences; at the same time, surveillance technologies originally used for public order purposes in relation to minor offences are now increasingly affected to the prevention and investigation of serious crime; (b) means at the disposal of each actor (intelligence and law enforcement agencies) for the prevention and investigation of serious crime are evolving so that the share of tasks and competences has become blurred. Two surveillance technologies are selected as case studies: the interception of telecommunications and video-surveillance.
The human rights dimension – the right to privacy and the principle of proportionality – constitutes the normative background of the present work.
The European Union (EU) has no powers to dictate to its Member States how to structure their crim... more The European Union (EU) has no powers to dictate to its Member States how to structure their
criminal justice systems. But, it is a very good platform in which actors may think and work
together in order to combat transnational crime by agreeing common legislation and actions.
However, discrepancies remain with regard to definitions of key terms such as ‘information’ and
‘intelligence’ and also the distribution of competences between national authorities. These national
discrepancies – highlighted by the analysis of a sample of EU Member States – lead to diverging
methods and responses which may raise human rights issues and limit cross-border cooperation. A
vertical and horizontal analysis, focusing on the definitions of the two terms provided in the different
jurisdictions and on the way in which these definitions are influenced by the distributions of
competences at the national level, calls for a more harmonized voice within the region.