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Intelligence Sharing in the EU: Legal Implications and the Role of the European Union Military Staff

Written by: Sébastien Barbe

Edited by: Zoi Sofologi

Supervised by: Meave Buchignani

The term intelligence refers to the process of collecting, analysing, evaluating, and presenting information to decision-makers to prevent tactical or strategic disruptions (Şeniz, 2015). Specifically, military intelligence is a component of intelligence with its own rules, procedures and intelligence tools. It refers to military threats, armed violence and military operations involving States and non-state actors in traditional armed conflicts as well as in asymmetric warfare. Intelligence has long been part of tactical and operational command and control in order to reduce the uncertainties of the battlefield, which Carl von Clausewitz referred to as the “fog of war”, and to assist military decision-makers in making effective decisions. Intelligence was initially conceived to provide information and analysis to assist the commander in making more effective decisions during conflicts (Rolington, 2013).  Nowadays, military intelligence aims to study potential or actual adversaries and identify the risks or dangers in operational areas. Primarily, it aims to support the chain of command at strategic, operational and tactical levels, involving both political institutions and military staff. Military intelligence in the EU is linked to the Common Defence and Security Policy (CSDP) and reflects the ideological construction of the EU’s identity and international action (Gruszczak, 2023).

Intelligence has always been crucial in government strategy, particularly during the Cold War. However, a paradigm shift occurred with the terrorist attacks of 11 September 2001, the attacks in Madrid in 2004 and London in 2005 (Cross, 2023). These attacks created a more unstable security environment in which the role of intelligence became crucial, requiring closer collaboration between states and increasing  the need for cooperation between their intelligence and security services (Şeniz, 2015). It is more important than ever to gain a deeper understanding of both the nature of the intelligence process and its significance for national and international security (Scott & Jackson, 2004). The interdependence between national security policies and international security cooperation is becoming increasingly apparent, particularly in the context of early warning, situational awareness, threat assessment and risk analysis. For these methods to be effective, it is essential that they are based on reliable, accurate and precise data and information. So, given the quantity and diversity of information available, it is necessary to adapt and process information in line with political requirements and decision-making procedures. Intelligence now forms a central part of today’s security policies, with the potential to significantly impact a government’s ability to resist threats and dangers (Gruszczak, 2016).

These events created alliances between states in the field of intelligence either bilateral like the UK-US alliance or multilateral, including NATO Member States like the UK-USA agreement for cooperation in signals intelligence. The European Union also encouraged agreements among its Member States and developed its own intelligence bodies such as Europol, the EU Intelligence and Situation Centre (EU INTCEN), and the European Union Satellite Centre (EU SATCEN) (Şeniz, 2015). This paper explores the role of the European Union Military Staff (EUMS) within the EU’s military intelligence structure and its legal implications.