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

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).

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