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

Likewise, the Programme of Action to combat terrorism and other forms of organised
crime also reasserted the operational goals of cooperation amongst Member States
during those years. Among many other examples it stated that
“central departments shall intensify their regular exchanges and permanent updating of
detailed information concerning the activity of terrorist groups”. 186
Additionally, liaison officers in terrorist matters were to be appointed; common
standards for ‘wanted posters’ were to be agreed to; 187 and similar measures in relation
to drug trafficking 188 and organised crime 189 were proposed. Furthermore, the
Programme called for an evaluation of the conditions under which trans-frontier
observation and pursuit rights could be given to national authorities when serious
offences were committed. 190 It also called for the study of a common information system
containing data and description of persons and objects. 191
The Schengen Convention 192 was signed in 1990 and laid down the specific provisions
implementing the 1985 Schengen Agreement, which at that date provided for the
gradual removal of internal borders between Belgium, France, Luxembourg,
Netherlands and Germany. 193 The Schengen area and cooperation established by the
Schengen Agreement - and further implemented by the Schengen Convention -
remained outside the scope of the Treaties and it did not involve all EC Member States,
although the number of participating Member States was gradually increasing. 194 Hence,
186 Trevi Ministers, ‘Programme of Action relating to the reinforcement of police co-operation
and of the endeavours to combat terrorism or other forms of organised crime’, June 1990, para
2.1, in T. Bunyan, Key Texts in Justice and Home Affairs, supra note 141, 37.
187 Both measures in para 2.3, ibid..
188 Para 3, ibid..
189 Para 4, ibid..
190 Para 13, ibid..
191 Para 15, ibid..
192 The Schengen Convention was signed in 1990 and laid down detailed rules applying to the
Schengen Agreement, namely measures on visas and asylum, cooperation between police forces
in matters of hot pursuit and observation, on mutual assistance in criminal matters, extradition,
protection of personal data, transport and movement of goods, transfer and execution of criminal
judgments, fight against drugs, coordination of fire arms legislation and it established the
Schengen Information System (SIS), supra note 59.
193 Supra note 59.
194 The Convention came into force on 1 September 1993 in France, Germany, Belgium,
Luxembourg and the Netherlands, Spain and Portugal. Subsquently acession Treaties were signed
with Italy, Greece, Austria, Sweden Denmark and Finland. An Association Agreement with
Iceland and Norway was also adopted. See for details Annual Report of the Schengen Central
Group for 1997 (Sch/C (98) 60, 22 June 1998). The Schengen acquis was later on incorporated
into the framework of the ECT and TEU Treaties (see Schengen Protocol, annexed to the
Amsterdam Treaty, integrating the Schengen acquis into the framework of the European Union;
Council Decision 1999/435/EC of 20 May 1999, OJ L 176/1 [1999] and Council Decision
1999/436/EC of 20 May 1999, OJ L 176/17 [1999]). In 1999 and 2000, the UK and Ireland asked
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