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

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Interior to their own governments, and there is no need for the body as a whole to be<br />

thought <strong>of</strong> as responsible to any organisation.” 237<br />

Along the same lines, Walker also noted that<br />

“For all the political salience <strong>of</strong> its areas <strong>of</strong> interest, Trevi was no more than a forum for<br />

policy discussion and information exchange, one that operated in the shadow <strong>of</strong> the<br />

supranational legal structure.” 238<br />

Whilst the issue <strong>of</strong> the lack <strong>of</strong> accountability was left untouched, small improvements<br />

resulting from theses criticisms <strong>of</strong> Trevi and Trevi-like structures began to be made.<br />

Steps towards more transparency, for example, were taken and the former secretive<br />

nature <strong>of</strong> Trevi began to be abandoned. Indeed, after 1985, several documents <strong>of</strong> the<br />

Trevi Ministers, <strong>of</strong> <strong>European</strong> Councils <strong>of</strong> the Justice and Home Affairs meetings and <strong>of</strong><br />

the work <strong>of</strong> several Groups began to be released to the public. This was important given<br />

the negativity around the secrecy <strong>of</strong> Trevi on the part <strong>of</strong> national authorities and<br />

academics alike. Indeed, as mentioned earlier, the activities <strong>of</strong> Trevi before 1986 are<br />

difficult to pin down, as there are very few documents available from the work <strong>of</strong> the<br />

group during those years, highlighting the secret nature for which Trevi came under<br />

criticism. Bunyan, for example, notes how between 1976 and 1993 the Trevi Group<br />

worked in secret without accountability and how much <strong>of</strong> the information available<br />

today especially in reference to the period before 1986 only surfaced in 1993. 239<br />

Hence, the first document to be released was the “Declaration <strong>of</strong> the Belgium<br />

Presidency” issued in 1987 by the Trevi Group Ministers with the single market in<br />

mind. 240 Subsequently, the Palma document, drawing the structures to be created under<br />

the TEU(M), was adopted in 1989. 241 In the same year the Ministers <strong>of</strong> the Trevi Group<br />

issued a Declaration to give wider publicity to the measures the Ministers <strong>of</strong> Interior and<br />

Justice were seeking to develop and in 1990 the Trevi 92 Group drafted the Programme<br />

237 Ibid.,162-163.<br />

238 N. Walker, “<strong>The</strong> pattern <strong>of</strong> Transnational Policing”, in T. Newburn (ed) Handbook <strong>of</strong> Policing<br />

(Devon: Willan Publishing, 2008, 2nd Edition) 119, 126.<br />

239 T. Bunyan, Key Texts in Justice and Home Affairs, supra note 141, 33. Furthermore, the<br />

scarcity <strong>of</strong> data on Trevi was a concern also shared by national authorities, namely by the House<br />

<strong>of</strong> Commons as mentioned earlier in this section, House <strong>of</strong> Commons, “Practical Police<br />

Cooperation in the <strong>European</strong> Community”, supra note 143, para 62, xxiii.<br />

240 Declaration <strong>of</strong> the Belgium Presidency”, supra note 177.<br />

241 Coordinators’ Group, “<strong>The</strong> Palma Document” Free Movement <strong>of</strong> Persons, A Report to the<br />

<strong>European</strong> Council by the Coordinators’ Group, supra note 175.<br />

66

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