Easing legal and administrative obstacles in EU border regions : Case Study No. 8: Police cooperation : complexity of structures and rules on the border (Germany - Poland)

Cross-border police cooperation between Poland and Germany began in 1991. In 2015, a bilateral agreement between the two countries came into force with the aim to replace the previous agreements and to address the obstacles to an efficient cooperation between the police forces. Despite the fact that cross-border police cooperation is overall positively assessed by its actors, four main obstacles have been observed in the present case study: divergences in legal systems, administrative structures (centralized/federal), diversity of traditions, and lack of harmonised procedures. The divergences between the legal systems refer to the fact that both countries have a judicial system of their own, with different definitions, procedures, and sentences. These divergences lead to inconsistencies in the application and differences in the interpretation of the law. The differences in the administrative structures of each country, i.e. the fact that Poland is a centralised state and Germany a federal one, lead to inconsistencies and delays in the management of administrative procedures. The differences with regards to police traditions and overall the cultural differences between Polish and German police officers have an impact on the administrative and legal systems shaping cross-border police cooperation, mainly due to the fact that the mentalities and modus operandi are different among the German and Polish forces. Lastly, the lack of harmonised procedures, which is an obstacle resulting from the differences in the legal and administrative structure of both countries, leads to inconsistencies in cross-border police operations and procedures.