EU anti-terror failures ‘unforgivable’

Talks to beef up Europe’s counter-terrorism powers under a new constitution have been given added "impetus", the Irish EU presidency has said.

March 11 attacks on Spain have spurred a raft of new EU anti-terror laws and focused attention on the failure to implement post-September 11 2001 legislation.

Deadlines for the European Arrest Warrant – fast tracking extradition in the EU – have been put back after failures to ratify the legislation at the national level.

Some countries are not expected to implement the key measure until 2005 - three years after the legislation was agreed.

Anti-terrorism is currently the territory of national capitals, a situation that could change if Europe’s draft constitution is backed by EU leaders.

Brussels chief Romano Prodi stressed that the European Commission was currently powerless to act against governments foot dragging on anti-terror laws.

“There are a number of countries that have not ratified… none of these decisions have been fully implemented,” he said.

Prodi insists that governments must show willing on existing anti-terror laws or new proposals would be worthless.

"It is not an area in which the commission has the competence."

“Our response to terrorism must first of all be to apply the decisions we have taken because too many are awaiting ratification in member states,” he said.

“But the shortcomings and delays are unforgivable now after attacks on Madrid.”

Ireland’s EU presidency is overseeing efforts to kick-start Europe’s constitutional talks and Dublin reports that the extension of European powers to justice areas is an “ongoing” concern.

Countries such as the UK and Ireland, with common law systems, had – before Madrid – drawn a ‘red line’ around national vetoes on home affairs.

But speaking on Thursday night, Irish leader Bertie Ahern hinted that progress could be imminent.

“There have been some useful meetings between a number of countries,” he said.

“I have this very week been talking to a number of countries involved. Hopefully [the anti-terror issue] will help the impetus and really it has to.”

Ireland too has blocked moves to EU justice powers but Ahern indicates that Dublin is prepared to be flexible.

“When I say there has to be political will and [constitutional] compromise that includes everybody including myself,” he said.

Spain is pushing for change, Madrid’s foreign minister Ana de Palacio is calling for the extension of EU powers to fight terrorism.

“Spain has always thought its is not possible to fight terrorism from within national borders,” she said on Thursday night.

Polish leader Leszek Miller also backed deeper anti-terrorist cooperation as part of an EU constitution deal.

"Madrid has changed the situation. It shows that Europe must defend itself effectively," he said.

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