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The evolution of European Union criminal law (1957-2012)

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financial interests in order to guarantee an effective fight against organised crime across<br />

the <strong>European</strong> <strong>Union</strong>. 370<br />

This link, as portrayed in the Action Plan on organised crime, was also symbolic <strong>of</strong> the<br />

growing intertwine between financial <strong>criminal</strong>ity and organised crime. Indeed, authors<br />

had been drawing attention to the growing commonalities between business/financial<br />

and organised <strong>criminal</strong>ity. Ruggiero, for example, pointed out that white-collar <strong>criminal</strong>s<br />

and organised crime have many commonalities: they use and need similar skills and<br />

share common values. 371 In a similar line <strong>of</strong> reasoning, Levi had observed a<br />

“growing involvement <strong>of</strong> pr<strong>of</strong>essional and organized <strong>criminal</strong>s in sophisticated fraud,<br />

and the increasing use <strong>of</strong> financial institutions to launder vast quantities <strong>of</strong> money from<br />

fraud.” 372<br />

This intertwine was not only seen at national level but also at the EC level. In relation to<br />

the latter, Quirke noted that fraud against the EC budget could be perpetrated both by the<br />

‘organised fraudster’ and entrepreneurs who resort to fraud as a means <strong>of</strong> supporting<br />

failing enterprises or companies in financial difficulties. 373<br />

4. <strong>The</strong> idea <strong>of</strong> Euro-crime<br />

It has been argued thus far that the Council adopted legal measures in considerably more<br />

domains than the ones specifically mentioned in the TEU(M), hence taking a broad<br />

approach to the competencies stipulated by the Treaty, tending to read these in a fluid,<br />

loose manner which permitted its intervention in a diverse range <strong>of</strong> crimes. It was also<br />

seen though how the EU’s claim in <strong>criminal</strong> <strong>law</strong> related matters was complementary <strong>of</strong><br />

national claims yet limited in its scope. In this sense, it will be further argued that the<br />

EU focused mostly on a specific type <strong>of</strong> <strong>criminal</strong>ity – Euro-crime. 374 This idea <strong>of</strong> Euro-<br />

370 Action Plan to combat organized crime adopted by the Council on 28 April 1997, OJ C 251/1<br />

[1997].<br />

371 V. Ruggiero, Organised and Corporate Crime in Europe: Offers that can’t be refused<br />

(Aldershot: Dartmouth, 1996) 1-24.<br />

372 M. Levi, Regulating Fraud - White-Collar Crime and the Criminal Process (London:<br />

Tavistock, 1987) 15.<br />

373 B. Quirke, “Fraud against <strong>European</strong> Public Funds”, supra note 362, 173.<br />

374<br />

Other authors have already referred to the concept <strong>of</strong> Euro-crime to describe crimes that the<br />

EU requires Member State to <strong>criminal</strong>ise and intervene upon, although not developing it from a<br />

substantive perspective. Anderson et al., for example, refer to Euro-crime as a “diverse range <strong>of</strong><br />

<strong>criminal</strong> activities that have transnational characteristics and tendencies, but that are still<br />

defined in the terms <strong>of</strong> national <strong>criminal</strong> <strong>law</strong>s.” At another point in the same book, the same<br />

authors argue that “<strong>The</strong> term Euro-crime, occasionally used in <strong>law</strong> enforcement circles, is not yet<br />

100

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