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

phenomenon and of the multifaceted way in which organised crime is infiltrating into
many aspects of society throughout Europe.
(…)
Although the threat from organised crime groups outside the territory of the European
Union appears to be increasing, it is the groups that originate and operate throughout
Europe, composed predominantly of EU nationals and residents, that appear to pose the
significantly greater threat. These groups are strengthening their international criminal
contacts and targeting the social and business structure of European society for example
through money laundering, drug trafficking and economic crime. They appear to be able
to operate easily and effectively both within the European arena and in other parts of
the world, responding to illegal demand by acquiring and supplying commodities and
services ranging from drugs and arms to stolen vehicles and money laundering. Their
concerted efforts to seek to influence and hamper the work of law enforcement and the
judicial system illustrate the extent and professional capability of these criminal
organisations.
This calls for a dynamic and coordinated response by all Member States, a response
that not only takes into account national strategies but also seeks to become an
integrated and multidisciplinary European strategy. Addressing the ever-changing face
of organised crime requires that this response and strategy remain flexible.
The threat of national and international organised crime requires concerted actions by
the Member States of the European Union, and by the European Union itself, under the
first, second and third pillars…” 430
The Millenium Action Plan portrayed a bleak reality in relation to organised crime
within the EU. It noted first that it was on the rise and increasingly infiltrating many
aspects of society throughout Europe. Interestingly, it noted that groups originating
from and operating within the EU itself posed a major threat. The solution proposed was
one that called for a dynamic and coordinated response and, mainly, for a strategy that
remains flexible enough to combat the ever-changing face of organised crime. This, it
will be shown in chapter 4, was a goal achieved partly by the adoption of a very broad
and vague definition of a criminal organisation.
Likewise, in 2005, the Hague Programme further elaborated the approach given to the
fight against organised crime, focusing on methods and means to achieve such a goal. 431
430 European Council, “The Prevention and Control of Organised Crime: A European Union
Strategy for the Beginning of the New Millennium” (2000/C 124/01) OJ C 124/1 [2000] 3.
431 Hague Programme, supra note 405, section 2.7.
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