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

influence on Member States to introduce national provisions of a penal nature to seek
compliance with EC provisions, and at other times by requiring Member States to
remove existing national law or by affecting the level and type of sanctions at national
level when these were found to hinder EC objectives. 56 Furthermore, ever since 1976,
that EC Justice and Home Affairs Ministers saw the European Communities as a forum
where agreements and cooperation in criminal matters could be facilitated. This
cooperation was taking place mostly through the Trevi group, an ad hoc, informal and
rather secretive forum set in place to mainly discuss terrorist threats from an operational
perspective. 57
In 1985 however, a significant shift took place in the way criminal matters were
perceived with the release of the Commission’s White Paper on the Single Market 58 and
the signature of the Schengen Agreement—both of which envisaging the removal of
internal borders throughout the EC. 59
These two initiatives arrived at a time when
Member States were also concerned with pressures from international criminality and
changing patterns in terrorism, drug trafficking and organised crime across the globe and
in Europe. Although the link between the removal of internal borders and a possible
increase in such criminality was not established, politically, the link between the two
was made and initiatives for cooperation amongst Member States began to take place
under the auspices of Trevi. 60 Hence, in the years between 1985 and 1993, cooperation
in matters of law and order was streamlined. 61 Through mostly secretive negotiations by
the Trevi group (composed of Interior Ministers and police officers), intervention in
topics as diverse as terrorism, illegal immigration, drug trafficking or trafficking in
human beings began to be discussed, rationalised and organised in preparation for the
incorporation of matters of law and order into the Treaty of Maastricht, which came into
force in 1993. 62 Some of these documents began to offer a broad view of organised
crime, significantly shaping the importance and definition of organised crime in the
years to come. 63 In fact, it will be seen how during those years, two main narratives
begin to take shape—that of the fight against organised crime and the protection of EC
interests and policies via criminal law. These two remain at the core of ECL today.
56 Chapter 1, sections 1, 1.1, 1.2 and 2.2.
57 Chapter 1, section 1.2.
58 European Commission, Completing the Internal Market, White Paper from the Commission to
the European Council, Milan, 28-29 June 1985, COM (85) 310 final, Brussels, 14 June 1985.
59 The Schengen Agreement of 14 June 1985 - The Schengen Agreement was negotiated and
signed in 1985, providing for the gradual removal of internal borders between Belgium, France,
Luxembourg, Netherlands and Germany. Schengen acquis - Convention implementing the
Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic, on the gradual
abolition of checks at their common borders, at OJ L239/19 [2000]. Chapter 1, section 2.
60 Chapter 1, section 2.
61 Chapter 1, section 2.1.
62 Chapter 1, section 2.2.
63 Chapter 1, section 2.3.
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