EU Commission defied legal advice on Israel deal
A leaked legal opinion shows the European Commission breached EU and international law by drafting a police data-sharing agreement with Israel that applied to occupied territories, yet continued negotiations regardless.
The European Commission drafted a police data-sharing agreement with Israel that violated both EU and international law, according to a leaked legal opinion from the Council of the EU. Dated 29 November 2022 and marked as EU Restricted, the document concludes the commission overstepped its mandate and failed to inform member states.
At the centre of the dispute is a territorial derogation that would have allowed Israeli law enforcement, including the Internal Security Agency (Shin Bet), to use EU personal data in the West Bank, East Jerusalem, the Golan Heights and Gaza. A footnote in the legal opinion warned that if concluded, "it would be the first time that an international agreement between the Union and Israel would provide for its application to the territories occupied by Israel in 1967."
The Council's legal service warned this would conflict with the Palestinian right to self-determination, UN resolutions, and the Vienna Convention. UN special rapporteur Ben Saul said the proposed derogation appeared to contravene "the duty of European states not to recognise situations arising from breaches of peremptory norms of international law." The commission had argued the exception was justified by "Israel's duty under international humanitarian law to restore and maintain public order and safety in the territories controlled by its forces," but the legal service rejected this entirely.
Beyond the substantive legal flaws, the opinion found the commission breached EU treaty rules by failing to consult the council's working party or inform it of the proposed derogation since negotiations began in 2018. This failure violated the institution's duty of sincere cooperation with other EU bodies.
Diplomatic sources said member states froze the adoption process in December 2022, partly due to concerns that Benjamin Netanyahu's coalition with the far-right Religious Zionist party could legitimise occupation policies. However, commission officials held at least seven meetings with Israeli diplomats up to 28 January 2026. Europol stated it participated only "in a passive listening mode/observer role," adding it "is not in a position to answer" whether the deal allowed data use in occupied territories.
The continued contacts represent a deep institutional rift, particularly following the International Court of Justice's July 2024 advisory opinion. That ruling stated all states and organisations must avoid actions helping to maintain Israel's unlawful presence in the occupied territories. In mid-July, 27 MEPs publicly demanded the commission clarify the human rights risks and current state of the negotiations, but the commission has refused to provide details.
