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

within the scope of instruments already adopted for the purpose of combating organised
crime…” 438
The use of such a rationale was further expanded to new domains, such as cyber crime.
Indeed, in the preamble of the Council Framework Decision on attacks against
information systems it is noted how
“…threats from organised crime and increasing concern at the potential of terrorist
attacks against information systems … form part of the critical infrastructure of the
Member States. This constitutes a threat to the achievement of a safer information
society and of an area of freedom, security and justice.” 439
Furthermore, the fight against organised crime continues to focus greatly on the
protection of the stability of the EU’s financial system. The Council adopted a
Framework Decision on money laundering; as well as on the identification, tracing,
freezing and confiscation of the instruments and the proceeds from crime. 440
Accordingly, the Framework Decision’s preamble declares,
“money laundering is at the very heart of organised crime and should be rooted out
wherever it occurs.” 441
The emphasis in relation to financial crime is also seen in other measures, namely the
Framework Decision on combating fraud and counterfeiting of non-cash means of
payment. 442 The preamble of the Framework Decision justifies its adoption with a call
for action via the Action Plan to combat organised crime adopted in 1997 and the
Vienna Action Plan of 1998. 443 Likewise, the Framework Decision on confiscation of
crime related proceeds, instrumentalities and property 444 is deeply related to the fight
against organised crime and is seen throughout its preamble, whose intent (1) states,
“The main motive for cross-border organised crime is financial gain. In order to be
effective, therefore, any attempt to prevent and combat such crime must focus on
tracing, freezing, seizing and confiscating the proceeds from crime.”
438 Para (9) of the preamble of the Framework Decision 2004/68/JHA, supra note 414.
439 Recital (2) and (3) of the Framework Decision 2005/222/JHA, supra note 408.
440 Council Framework Decision 2001/500/JHA, supra note 410.
441 Recital (6), ibid..
442 Council Framework Decision 2001/413/JHA, supra note 411.
443 Intent (3) of the Preamble, ibid..
444 Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-
Related Proceeds, Instrumentalities and Property, OJ L 68/49 [2005].
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