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

in relation to the participant States at the time Schengen further contributed to streamline
the operational nature of cooperation in police matters by introducing measures which
allowed for police officers to carry out cross border observation 195 and the pursuit of
criminals across borders (so-called ‘hot pursuit’) into the territory of other signatory
States. 196 Furthermore, Schengen proposed the setting up of an information system with
data on persons, 197 the application of the ne bis in idem principle transnationally, 198 the
facilitation of extradition 199 and the transfer of the execution of criminal judgements
between the signatory States. 200 Operational concerns were taken further with the
proposal for a European Police Office (Europol) in 1991 201 and its predecessor – the
European Drugs Unit (EDU). The latter paved the way to Europol and was to be focused
on the “exchange and analysis of intelligence in relation to illicit drug trafficking, the
criminal organisations involved and associated money laundering activities affecting
two or more Member States.” 202 However, the Schengen Convention, EDU and later
Europol only entered into force after the TEU(M).
Whilst for a for cooperation were proliferating, the scope of cooperation in these matters
was also becoming broader. From a substantive point of view, the activities of the
several groups created under Trevi and the other ad hoc groups expanded the domains of
intervention considerably. Whilst before 1985 the focus was on counter terrorism
measures, it was considerably enlarged after 1985, as measures in different areas ranging
from terrorism, to illegal immigration, drug and human trafficking, hooliganism among
others, began to be considered. Indeed, the previously referred to Declaration of the
Belgian Presidency, 203 issued in 1987, called for the strengthening of cooperation in
relation to immigration, the fight against drugs and terrorism, and more specifically, for
a unified system of visas, the strengthening of controls at external borders, including the
to take part in some aspects of Schengen, namely police and judicial cooperation in criminal
matters, the fight against drugs and the SIS, see Council Decision 2000/365/EC, OJ L 131/43
[2000]; Council Decision 2002/192/EC, OJ L 64/20 [2002]; and Council Decision 2004/926/EC,
OJ L 395/70 [2004]. The Schengen Protocol annexed to the Amsterdam Treaty and the UK,
Ireland and Denmark participation were subsequenlty ammended by the Treaty of Lisbon; see
Protocol on the Schengen acquis integrated into the Framework of the European Union, OJ C
310/348 [2004]. See also supra note 59.
195 Article 40, Schengen Convention, ibid..
196 Article 41, ibid..
197 Articles 92 and 94, ibid..
198 Article 54, ibid..
199 Article 59, ibid..
200 Article 67, ibid..
201 “The Development of Europol: Report from Trevi Ministers to the European Council in
Maastricht”, Maastricht, December 1991, in Bunyan, Key Texts on Justice and Home Affairs, in
T. Bunyan, Key Texts in Justice and Home Affairs, supra note 141, 40-41.
202 Ministerial Agreement on the establishment of the European Drugs Unit, Copenhagen, 2 June
1993, in Bunyan, Key Texts on Justice and Home Affairs, in T. Bunyan, Key Texts in Justice and
Home Affairs, supra note 141, 47.
203 Trevi Ministers, “Declaration of Ministers of the Trevi Group”, supra note 156.
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