Tomasz Safjański, University of Law and Public Administration, Rzeszów–Przemyśl, Poland

 

 

 

The article presents some considerations related to the future direction of Interpol’s development as one of the critical institutions of the global security system. The direction of development is above all determined by Member States’ assessment of the effectiveness and legality of Interpol’s operational activities. However, in comparison to the practical cooperation of police forces a vast improvement is required in relation to the legal position of Interpol. There is no doubt concerning the effectiveness of the Interpol. However, an organisation operating in a transnational dimension has to possess a proper legal status. Interpol, in the opinion of some experts in the field of international law, does not have the optimal legal solution and appropriate balance with the national law of the Member States. The weakest point of Interpol is its outdated and ineffective legal basis for action. For this reason, the sine qua non condition for the further development of Interpol is to provide the organisation with a specific legal position appropriate to the uniqueness of tasks that are being carried out (including the adoption of appropriate solutions for the privileges and immunity of Interpol and its staff in a uniform manner in all the Member States). There is also a need to harmonise internal normative acts of the organisation — including the Constitution of Interpol and the General Regulations, the interpretation of which causes much confusion regarding the legal status and the nature of membership of Interpol. It is important to supplement the Statute of Interpol with legal provisions concerning relations with external entities. Interpol should also be given clear powers to conclude agreements with the Member States concerning the headquarters and local privileges and immunities. Undoubtedly from legal point of view Europol, being a younger platform for multilateral police cooperation, has a significant advantage over Interpol — a clear legal situation. The issue presented is extremely complex due to the specific nature of the activities carried out by Interpol and its unique position in the institutional system of the international community.