Prevention, Surveillance, and the Transformation of Citizenship in the ‘Security Union’: The Case of Foreign Terrorist Fighters

Abstract

The present contribution aims at examining three ways in which the EU has responded to the phenomenon of “foreign fighters” in the post-Paris attacks era. Emphasis is placed on the introduction of new criminal offences in relation to travelling abroad for the purpose of terrorism, the reinforcement of checks at the external borders in relation to EU citizens, particularly by relying on the SIS II and the introduction of an EU PNR system. Insights into the possibility of systematically recording the border crossings of EU nationals in the future are also provided. The aim of the analysis is to demonstrate that these measures, which as clear examples of a shift towards a preventive and intelligence-driven model of justice employed at EU level, pose significant challenges to fundamental rights and citizenship in the EU.