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

Chapter 2 - The Evolution of European Union criminal law during the Maastricht
era: shaping Euro-rationales and Euro-crime (1993-1999)
Introduction
This chapter will analyse the evolution of European Union criminal law (ECL) during
the Maastricht period. 243 The Treaty of Maastricht (TEU(M)) brought criminal law into
the context of the Treaties, officially recognising the EU as an actor in criminal matters.
It envisaged the EU’s role as limited to areas of ‘common interest’ to Member States
and established mechanisms of judicial and police cooperation aiming mostly at
coordinating action and information sharing between national authorities. Overall, the
EU’s role was envisaged as limited and complementary to that of Member States.
However, it will be argued that the arrangements set in place were in fact broad, both
from a structural and substantive perspective overshadowing the minimalist approach
laid down by the TEU(M). Indeed, the latter was interpreted by the legislator in a very
ambitious manner. First, both judicial and police cooperation – to which the TEU(M)
made specific reference to - were developed significantly. Secondly, despite the silence
of the TEU(M) in relation to the harmonisation of national criminal law, the latter began
to take place, namely regarding the minimum elements that constitute crimes and
penalties.
This broad approach was even more poignant from a substantive point of view. The
TEU(M) made reference in Article K.1 to cooperation in areas of common interest,
namely judicial cooperation in criminal matters and police cooperation for the purposes
of preventing and combating terrorism, unlawful drug trafficking and other serious
forms of international crime. These categories blossomed into intervention in a wide
range of criminality. This wide scope was facilitated by the reaffirmation - both in
political declarations and through the legal measures adopted - of the fight against
organised crime and the protection of EC interests as being priorities in this arena.
Indeed, organised crime, although not directly mentioned by the TEU(M), became the
primary rationale for the adoption of legislation, both in relation to mechanisms of
judicial and police cooperation and harmonisation amongst Member States. A large
majority of resolutions, declarations, joint actions and conventions made particular
reference to the organised criminality ravaging Europe. The emergence of this idea took
place mostly in the absence of significant data on this topic, yet under the perception that
243 The Treaty of Maastricht - ECT(M) and TEU(M) - was signed on 7 February 1992, and
entered into force on 1 November 1993 and was replaced by the Treaty of Amsterdam – ECT(A)
and TEU(A) - signed on 2 October 1997 which entered into force on 1 May 1999.
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