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

they do not always use reliable methods themselves), that the definition and criteria
used are flawed and conclusions are of a very general nature. 428
Nonetheless, whilst the dimension of the actual threat of organised crime across the
European Union continued to be controversial, legal and political narratives were in fact
strengthened. Article 29 TEU(A) finally made express reference to organised crime
particularly in domains of terrorism, trafficking in persons and offences against
children, drug trafficking, arms trafficking, corruption and fraud. Yet, organised crime
continued to provide a useful political justification for legal intervention in a wide range
of topics, which could be directly or indirectly related to organised crime, including
areas of criminality not necessarily mentioned by the TEU(A). Once again, this emerges
from the legal and political message being conveyed in action plans, Council
conclusions and preambles of secondary legislation adopted (mostly through framework
decisions).
In 1999, in the Tampere European Council Conclusions set the agenda in the area of
freedom, security and justice. For example, the Presidency used a particularly symbolic
tone when it held:
“People have the right to expect the Union to address the threat to their freedom and
legal rights posed by serious crime. To counter these threats a common effort is needed
to prevent and fight crime and criminal organisations throughout the Union. The joint
mobilisation of police and judicial resources is needed to guarantee that there is no
hiding place for criminals or the proceeds of crime within the Union.” 429
A year later, an Action Plan to combat organised crime – the so-called Millennium Plan
on Organised Crime - was agreed to at the Amsterdam European Council. The
document aimed at strategizing initiatives to be taken in the field in the light of the entry
into force of the TEU(A), whilst noting the changing nature of the phenomenon and the
links to other forms of criminality, namely economic crime:
“The level of organised crime in the EU is increasing. The contributions of Member
States to the annual organised crime situation report provide evidence of this
428 Van Duyne and Beken suggest that data on organised crime in the EU, namely in relation to
Europol’s threat assessment levels is not based on clear concepts, definitions and methods whilst
excessively dependant on Member States. For an overall analysis on collection, analysis and
reporting methods on organised crime since the 1990s, see P. van Duyne and T.V. Beken, “The
incantations of the EU organised crime policy making” (2009) 51 Crime, Law and Social Change
261, 261-281.
429 Tampere European Council, supra note 54, para 6.
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