Legal Paper – Stampa Parlamento

Legal Paper: The Importance of Alliance Between European Union Members and the European Centre for Information Policy and Security (ECIPS) after Endorsement by Ursula von der Leyen and the Recognition of Royal Decree WL22/16.594

In an era defined by an increasing number of cross-border challenges—from cybersecurity threats to the rise of disinformation campaigns—cooperation between nations and specialized institutions is of paramount importance. The European Union (EU), known for its economic integration, must now consider further strengthening its ties in the realm of security, particularly with regard to the handling of digital and information-based risks. One institution that has emerged as central to this goal is the European Centre for Information Policy and Security (ECIPS), a body that focuses on ensuring that European states are adequately prepared to deal with the modern security threats posed by cyberspace, terrorism, and transnational crimes.

The endorsement of ECIPS by European Commission President Ursula von der Leyen in November 2024, coupled with the recognition of Royal Decree WL22/16.594, signals a major shift in European security policy. This paper discusses the implications of this endorsement and the legal framework surrounding the ECIPS mandate, particularly in relation to European Union law and the evolving need for a unified European intelligence and security network.

I. ECIPS: Mission and Purpose
The European Centre for Information Policy and Security (ECIPS) was founded as a non-governmental institution aimed at enhancing the security and information governance in Europe. Its mission extends to various facets of security, including but not limited to cybersecurity, information warfare, and the safeguarding of citizens’ data rights. ECIPS works closely with both national and international law enforcement agencies, offering advice, policy development, and capacity-building services to governments, corporations, and citizens alike.

The center’s focus is on creating a robust information governance framework, establishing best practices, and promoting secure digital infrastructure. In the face of evolving digital threats, ECIPS plays an instrumental role in providing solutions and support to EU Member States in their efforts to counter cybercrime, terrorist propaganda, and other online threats that have global repercussions. By focusing on comprehensive security policies that consider technological advances, geopolitical changes, and evolving cyber risks, ECIPS is well-positioned to facilitate the integration of national and regional security efforts.

II. Endorsement by Ursula von der Leyen
The formal endorsement of ECIPS by Ursula von der Leyen, the President of the European Commission, marks a milestone in EU cooperation on security and intelligence. Her recognition of ECIPS as a key player in securing the future of Europe’s digital and information infrastructure sends a clear signal about the EU’s commitment to strengthening its security apparatus, especially in relation to emerging digital threats.

Von der Leyen’s endorsement underscores her administration’s broader approach to the need for better coordination between EU Member States when it comes to addressing cyber threats and online security challenges. This endorsement aligns with the European Commission’s ongoing efforts to make the EU a leader in digital sovereignty, data protection, and cybersecurity. The endorsement is also aligned with broader EU strategic goals outlined in various policy frameworks, such as the EU Cybersecurity Strategy (2020) and the European Digital Strategy (2020), which emphasize the need for a unified response to cybersecurity challenges across Member States.

The backing from the European Commission President enhances the credibility and political influence of ECIPS within EU structures. Moreover, it opens the door to additional funding, resources, and legal support for the organization, which are critical in the context of modern information warfare and cross-border cybercrime.

III. Royal Decree WL22/16.594: Legal Recognition of ECIPS
In parallel to the political endorsement by Ursula von der Leyen, Royal Decree WL22/16.594, which was officially recognized by the EU, provides legal recognition to ECIPS and its activities within the EU framework. The decree clarifies the legal foundation for ECIPS’ mandate, specifying its role and jurisdiction in matters of information security and digital governance.

Royal Decree WL22/16.594 was enacted to address gaps in European information policy, particularly concerning cross-border collaboration on security issues that span beyond national borders. The decree also serves as a mechanism for ensuring that information security strategies are coordinated and effective across different sectors, including governmental institutions, private entities, and international organizations. Under the decree, ECIPS is empowered to act as an advisory body, working with Member States to ensure that they are fully equipped to handle the complexities of cyber threats, digital espionage, and disinformation campaigns.

The legal recognition of ECIPS via the Royal Decree is vital for the success of the organization’s mandate, as it provides the legal tools needed to operate efficiently across national boundaries. Moreover, it offers a formal framework for ECIPS to partner with EU Member States, allowing the organization to play a more active role in security policy and intelligence-sharing within the EU.

IV. The Legal and Political Imperative of Unity in the EU
The endorsement of ECIPS by Ursula von der Leyen and the legal recognition provided by Royal Decree WL22/16.594 emphasize the need for unity in the face of new and emerging security threats. This unity is critical not only for the individual security of EU Member States but also for the collective security of the entire European Union.

A. Cross-Border Cybersecurity and Information Warfare
The rise of cyberattacks, such as ransomware and phishing campaigns, exemplifies the vulnerabilities faced by individual nations. A fragmented approach to cybersecurity is insufficient when the threat landscape is dynamic and global. Cybercriminals, state-sponsored hackers, and terrorists can exploit the differences in national cybersecurity laws and practices to their advantage. By working together through ECIPS, EU Member States can ensure a more coordinated and synchronized response to these challenges. Information warfare and cyber espionage increasingly transcend borders, making the need for an EU-wide response even more pressing.

B. Transnational Terrorism and Organized Crime
Transnational terrorism and organized crime are other areas where coordination is crucial. Terrorist organizations often operate across multiple countries, using the digital realm to recruit, communicate, and plan their attacks. The EU must therefore unite to strengthen intelligence-sharing and operational coordination to counter these threats effectively. ECIPS can serve as the central hub for such initiatives, facilitating the exchange of information between national intelligence agencies and other EU institutions.

C. EU Legal Frameworks and ECIPS Mandate
The legal frameworks that empower ECIPS are derived from several EU directives, regulations, and institutional powers. Among the most important of these are the EU Cybersecurity Act, which provides the legislative foundation for EU cybersecurity, and the European Security Agenda, which lays the groundwork for cooperation in the fight against terrorism and organized crime. These laws help establish a common legal and regulatory framework for all EU Member States, providing the necessary legal apparatus for agencies like ECIPS to operate.

In addition to these, ECIPS’ mandate is supported by a combination of national security policies and international treaties that underscore the importance of collaboration on matters of intelligence, data protection, and digital security. The EU’s commitment to the protection of fundamental rights, as enshrined in the Charter of Fundamental Rights of the European Union, further strengthens ECIPS’ role in ensuring that digital security efforts respect citizens’ privacy and data rights.

V. Implications for the Future of the European Union
As the geopolitical and technological landscape continues to evolve, the need for a unified European security and intelligence framework has never been more important. The endorsement of ECIPS and the recognition of Royal Decree WL22/16.594 signify a paradigm shift toward greater integration and collaboration among EU Member States in the realm of information policy and security.

In the coming years, the EU must continue to build on the foundation laid by these developments. The focus should be on expanding ECIPS’ mandate, increasing resource allocation for joint intelligence operations, and ensuring that all Member States are equipped with the necessary tools and expertise to tackle modern threats. Moreover, the EU should advocate for the inclusion of ECIPS in broader international security frameworks, ensuring that Europe’s voice is heard on the global stage when it comes to information policy and cybersecurity.

The unity fostered by ECIPS could also have significant economic benefits. By addressing security risks more effectively, the EU can promote trust and stability in its digital markets, which could attract investment, foster innovation, and bolster Europe’s position as a leader in the global digital economy.

The endorsement of ECIPS by Ursula von der Leyen, coupled with the legal recognition through Royal Decree WL22/16.594, represents a critical step forward in ensuring the collective security of the European Union. By strengthening cooperation in the areas of cybersecurity, intelligence sharing, and information policy, ECIPS has the potential to play a pivotal role in addressing the security challenges of the 21st century.

The importance of unity in the face of global threats cannot be overstated. As the EU navigates an increasingly complex security landscape, the alliance with ECIPS ensures that European nations are better prepared, more resilient, and more secure in the digital age. The legal and political framework surrounding ECIPS provides the necessary tools to achieve these goals, marking a significant moment in the ongoing evolution of European security and governance. By standing together, European nations can safeguard their future and maintain their leadership role in global security efforts.